delogosmall.gif 72x70 (3443 bytes)   

Department of Education

iowa_logo.gif 203x74


Appeal Decisions

Keyword:     Type :    
1 Matching Record
If you have questions contact Nicole Proesch, legal counsel for the Department and the State Board,
at 515-281-8661 or
BOOK: 27 
MONTH-YEAR: September - 2016
IN RE: Student A
APPELLANT: Parent of Student A
KEYWORDS: Good Conduct Violation
DETAILS: At the time of his suspension, Student A was a seventeen year old junior in the Lenox High School (''LHS'') and finishing his second semester of the 2015-2016 school year.  Student A participated in football, wrestling, track, and baseball for LHS.  Prior to coming to LHS Student A attended school in Des Moines and was getting into trouble and hanging out with the wrong people so he moved to Lenox to live with his father to go to school.  Student A had been disciplined on two prior occasions for three separate violations of the schools GC Policy before the incident involved in this appeal. On September 4, 2013, Student A received a letter of notice that he was being cited for violations of the GC Policy for stealing and for smoking marijuana.  Student A was issued two separate violations for each infraction.  There is no dispute that the two infractions arose out of an incident that occurred on the same day.  Student A self-reported the incidents and thus was deemed to be ineligible for activities for forty-five days.
  Student A was also required to complete a treatment program prior to reinstatement.  Student A was also notified that a third infraction would result in a one year suspension from the date of the third violation.  Student A did not appeal the decision, sat out for forty-five days, and was later reinstated. .  On April 19, 2016, a community member reported to Principal Still that Student A had stolen a trophy from the Adams County Speedway.
  On April 19, 2016, Principal Still sent a letter to Student As parents notifying them he found Student As taking of the trophy to be a violation of the schools GC policy.  The letter also notified them that this was Student As fourth offense, thus he would be ineligible for extracurricular activities for the rest of his high school career.  The LCSD Board voted 4-1 to uphold the decision of administration finding that Student A had a fourth violation of the GC Policy and holding that Student A would be suspended from activities for the remainder of his high school career.  On May 24, 2016, the Appellant filed a timely notice of appeal to the State Board.
  In this case, there are two issues raised by the Appellants.  The first is whether or not Student A committed a crime under the terms of the GC Policy.  If Student A violated the policy, the second issue is whether or not this violation should be counted as a fourth offense subjecting Student A to a suspension from extracurriculars for the remainder of his high school career.
  First, we note that Student A was no stranger to the GC Policy because he had violated it on two prior occasions.  Second, Student A was provided with written notice for all three of the prior violations and Student A did not appeal any of those violations.  Finally, Student A was also provided with notice that any further violations would result in a suspension of his privileges to participate in extracurricular for the remainder of his high school career.  To his credit Student A took responsibility for the prior violations, admitted them to administration, and was given a lesser suspension because he cooperated with administration.  However, the time to appeal those prior violations expired in 2013.  We cannot allow the Appellant to re-litigate those prior violations as part of the instant appeal.    Thus, we find the LCSD Board finding that this is Student As fourth violation of the GC Policy reasonable under the circumstances.
OUTCOMES: For the foregoing reasons, the decision of Lenox Community School District Board of Directors made on April 25, 2016, suspending Student A for the remainder of his high school career from participation in extracurricular activities for a violation of the schools Student Good Conduct policy is hereby AFFIRMED.