Spearfish School District 40-2
5000 Students

Board Policy                                                                                                                                                                                                                        
Code: 5435/6318

EXTRA-CURRICULAR TRAINING RULE VIOLATIONS

When a participant is accused of violating a training rule, the allegation will be directed to the coach and activity director.  The allegation may also be reported to any building administrator who will forward it to the activity director.  The individual making the allegation must sign a written statement complete with details of when, where and witnesses.  The accuser will be informed that the accuser’s name and the written statement will be kept in confidence to the extent possible, but may be released to the participant in case of an appeal.  The activities director and the coach/advisor will discuss the allegation with the participant in question to determine the nature of the violation.  After a proper investigation, a decision to suspend or not to suspend will be decided upon by the activities director and the coach/advisor.

Upon a suspension for a First Violation or a Second Violation, the participant may appeal the decision to the Superintendent by submitting an appeal in writing within 10 calendar days after the date the activities director and coach/advisor issue the suspension.  The written request for a Superintendent appeal shall be directed to the Superintendent.  Failure by the participant to request a Superintendent appeal within the 10 calendar days will be a waiver of any appeal right, and the suspension will be final.  The Superintendent will conduct an investigation and issue a written decision as soon as possible and this decision will be final.  The suspension will not begin until the Superintendent issues a decision affirming the suspension.

Upon suspension for a Third Violation, the participant may first appeal the decision to the Superintendent.  If the participant is not satisfied with the Superintendent’s decision, a written  appeal may be made to the  Board of Education within 10 calendar days from the date the Superintendent issues a decision.  Failure by the participant to request a Board hearing within the 10 calendar days will be a waiver of any appeal right and the Superintendent’s decision will be final.   If the Superintendent affirms the suspension and the participant appeals to the Board of Education, the participant will be temporarily suspended during the period of appeal to the Board. 

In case of appeal to the Board of Education, the following procedures shall apply:    

            1.     The Superintendent will file a sealed written report with the Board secretary or business manager by the end of the fifth school day following the date the participant’s written request for an appeal is received.

            2.     The Board hearing shall be conducted as provided in Board Policy 5210, Part Four, items 5 through 11.

                                                                                               

Adopted      July 12, 2004
Reviewed    January, 2009