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Board tables contested student reinstatement after procedural concerns about committee membership
Summary
Trustees postponed a vote on reinstating a student expelled in October 2023 after discovering the reinstatement subcommittee that reviewed the petition had only one board member present, raising potential violation of bylaw 5610; the board voted to table the matter to reconvene the committee within the policy timeline.
The Benton Harbor Area Schools Board of Education voted Oct. 8 to table consideration of a petition to reinstate a student expelled following an October 2023 incident, after trustees raised procedural objections about how the reinstatement review was handled.
Trustee Gavin described the reinstatement recommendation and the committee's conditions — mentorship, restorative justice and check-ins — but several trustees, including President Robinson and Secretary Triplet, said the subcommittee that conducted the hearing did not include the required two board members as specified in bylaw 5610. "I am completely uncomfortable with the fact that we proceeded with one board member when the policy states that it has to be two," President Robinson said during an extended discussion.
Dr. Kelvin Buzz, the superintendent, said the committee was appointed and that administrative staff prepared materials for review, but acknowledged the board has time to re-run the hearing within statutory deadlines. Trustees debated whether to proceed despite the procedural issue or to reconvene the committee; the board ultimately voted to table the reinstatement and requested administration reconvene the full subcommittee and provide documentation of who attended the hearing.
The motion to table passed by roll call. Trustees asked administration to include in future staff reports who was present at any reinstatement or expulsion hearings to prevent similar concerns. Several trustees also recommended reinstating attorney participation for discipline hearings moving forward to ensure compliance with policy and due process.
The board set a tentative deadline (within the policy's 10-school-day or otherwise allowable window) to reconvene the subcommittee and re-evaluate the recommendation so the matter can be resolved consistent with district bylaw.
