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G.N. South student’s suspension expunged

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Then, “according to the student, the non-students indicated that they had weapons and would use them against the student if he told anyone,” the ruling reads. “The student further testified that some of the non-students showed him a video of them assaulting someone. At approximately 1:00 p.m., at the request of the non-students, the student. The two intruders planned to visit the girlfriend of one of the students and “confront” another student, according to the decision.
After the school day ended, the intruders were discovered by the high school administration and surveillance footage showed the student escorting one of the intruders to the locker room.
Two underage individuals faced charges of felony burglary as well as criminal possession of a weapon.
One of them was charged due to the possession of a butterfly knife, while the other faced charges for being in possession of a stun gun. When searched, one had a TASER and pepper spray while a second had a TASER and a butterfly knife.
The student had a meeting with both the principal and assistant principal on Dec. 19. At the principal’s request, the student drafted a written statement detailing his involvement in the incident.
Subsequently, the principal imposed a five-day suspension on the student.
In response to the security breach, the district initiated an internal inquiry, introduced supplementary security protocols, and terminated the services of a contracted security guard within the district.
On Jan. 3, the district organized a hearing for an extended suspension to address the student’s behavior, charging them with engaging in disorderly/disruptive conduct and endangering the safety, morals, health, or welfare of himself or others.
Following the hearing’s conclusion, hearing officer Richard Thompson determined the student’s innocence regarding one charge but declared the student guilty of the second charge.
Thompson recommended a suspension until June 30. This suggestion was later adopted by the superintendent in a decision dated Jan. 6.
In April, after an appeal from the student’s father, Elmer Rodriguez. to the state, the student was placed back in school against the written wishes of the district. The district then sent him to its alternative high school, but Rosa overruled that decision as well.
Rodriguez argued that the hearing officer improperly determined the student’s testimony lacked credibility, according to Rosa’s decision. He said he was also denied the chance to cross-examine witnesses and present his son’s side of the story.
The father also disputed the reliability and adequacy of the evidence presented by the district, a substan- tial portion of which was based on hearsay or double hearsay, he contended.
For relief, the father sought the removal of the short-term and longterm suspensions from the student’s