Therefore, Cory is suspended from school for the entire 1997-1998 school year. I'm sorry for any inconvenience that this change in decision may cause Cory and you, but that is the decision of the Board of Education. Petitioner asserts that she never received written notice of the hearing, was never advised of the nature and scope of the hearing or witnesses to be called by the school, or advised of her right to call witnesses and be represented by counsel. Petitioner also contends that respondent's decision was made without any opportunity for input and without the issuance of a written decision. In addition, petitioner alleges that a one-year suspension is excessive, and that the penalty affected Cory's participation in athletics, which harmed his chances for college recruitment.
Petitioner requests that respondent's decision be reversed and annulled.
Respondent contends that it afforded petitioner due process because petitioner, Cory and his grandmother attended the superintendent's hearing, the superintendent read the charges at the start of the proceeding, and petitioner presented and questioned witnesses. Respondent maintains that the penalty was proper because Cory had 46 previous disciplinary referrals. Respondent also argues that petitioner failed to exhaust administrative remedies. Alternatively, respondent asserts that the matter is moot, since Cory transferred to Troy High School on February 23, 1998. In addition, respondent explained that the hearing date was determined after consultation with petitioner, who had previously requested two postponements of the hearing.