State law establishes minimal assurances of due process for students facing disciplinary action.
17 Guam Code Annotated 6409 Authority for Suspension or Expulsion of Pupils.
The Superintendent shall determine by regulation the grounds for suspension or expulsion of pupils from school, and the procedure whereby such suspension or expulsion is determined.
- (a) Such regulation shall include grounds for suspensions or expulsions, length of suspensions and the procedures for review of suspension or expulsion orders.
- (b) In adopting the regulation establishing procedures for suspending or expelling pupils, the Superintendent shall follow the guidelines established therefore by local and Federal laws and regulations.
- (c) Such hearings and procedures as are established by the Superintendent pursuant to this Article shall provide any pupil against whom suspension or expulsion procedures are initiated with due process of law.
- (d) Such procedures are exempt from the provisions of Chapter 9 of Title 5 of the Guam Code Annotated, Administrative Adjudication Law.
17 Guam Code Annotated 6410 Student Discipline Advisory Councils.
In carrying out the provision of § 6409, the Superintendent may authorize the creation of a Student Discipline Advisory Council for each elementary and secondary school. Such Councils shall be given the power to establish Standard of student behavior, and shall have authority to hear charges of violations of such Standard, and to recommend appropriate disciplinary action to the principal. The procedure for expelling pupils shall require that before expulsion, the accused pupil be given a hearing before the Student Discipline Advisory Council of the student's school, if such exists.
SOP 1200-018 Student Conduct Procedural Manual
Procedural manual ensures procedural due process rights in student discipline for specific forms of discipline such as short- or long-term suspension, expulsion, disciplinary transfer, and other forms of exclusion.