What Is a Mock Hearing?

Mary Jane’s Suspension

What is a Mock Hearing?

A student mock hearing is a simulation of a real court trial or administrative hearing, with students playing the roles of lawyers, witnesses, accused, court staff and in some cases the judge.

Fact scenarios can include civil or criminal disputes. The fact scenario today will be for an administrative hearing regarding a long-term suspension.

During mock hearings, students reenact every step of a real hearing. Depending on the type of hearing this may include; opening the case, examining witnesses, presenting legal arguments, making and responding to objections, making sentencing submissions, mediating, negotiating with opposing counsel, and receiving a judgment.

Order of the Hearing:

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

The Mock Hearing:

1. Read through the facts of the incident.

2. As a class assign roles.

3. Go to your role in the packet. The page numbers are listed on the power point and on the front page of the packet.

4. Plan your portion of the hearing.

5. Hold the hearing.

6. Judges deliberate and deliver a verdict.

7. Discuss of hearing and verdict results.

Roles:

Hearing Judge Panel

-Chief Judge

-Judges

School District Representative – Need at least two people

Representative for Mary Jane – Need at least two people

Witness for District: School Principal

Mary Jane

Facts of the Incident:

Mary Jane was a senior in high school when she created a group on Facebook about her teacher, Sarah Phelps. The group was called “Ms. Sarah Phelps is a freaking awful teacher” and encouraged others to express their negative feelings of Ms. Phelps.

One post, made by a user named “Angry Student” said “Ms. Phelps better watch her f*ing back.”

The group was created after school hours from Mary Jane’s home computer.

It was not accessed at school and did not disrupt school activities.

The posting was removed after two days.

The school principal learned of the group 2 weeks later from a student who had been invited to join the group while at school. The student felt guilty about what had been said though the group no longer existed. The student said they had nothing to do with it.

This was the third time Mary Jane had been accused of cyber bullying, but the first time she had ever been accused of cyber bullying a teacher.

The principal suspended Mary Jane from school for 10 days. This was Mary Jane’s first suspension in high school.

Mary Jane received written notice from her Principal regarding her suspension. It said that she broke rules D-300 & D-310 (see page 4 for the rule and see page 5 for a chart regarding the appropriate punishment).

Seattle Public Schools

D-310 Bullying, Intimidation, and Harassment[1]

Engaging in intentional written, verbal, electronic, or physical bullying, intimidating, or harassing conduct that: is for the purpose of embarrassing or denigrating another person; physically harms a person or damages the person’sproperty; is so severe, persistent, or pervasive that it creates an intimidating or threatening educational environment; has the effect of substantially interfering with the student’s education or adult’s right to teach or manage student behavior; or has the effect of substantially disrupting the orderly operation of the school.

* * * * *

There is no requirement that the person actually possesses the characteristic that is the basis for the bullying, intimidation, or harassment. This includes, but is not limited to,

◦“pantsing” another person (engaged in as teasing by elementary-age students)[2];

◦conducting electronic bullying, intimidation, and harassment, including, but not limited to, cyberbullying, on school grounds, during school activities, on school buses, or during the school day.

◦Initiating students into a school, group, grade level, or office through persecuting, harassing, or coercive behaviors that cause or are likely to cause social or emotional harm. (formerly D-210 Hazing.)

The District will respond to off-campus student speech that causes or threatens to cause a substantial disruption on campus or interferes with the right of students to be secure and obtain their education.

[1]See,E-610 Malicious Harassment for harassing and intimidating behavior based on protected class or status. Alsosee, RCW 28A.300.285.

[2]See,E-215 Sexual Assault for “pantsing” behaviors by older students.

Punishment by offense:

D-300 Harassment
D-310 – Bullying, Intimidation, and Harassment
See, E-610
See, E-620 / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Short-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Short-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Short-term Suspension & Family conference
D-315 – Sexual Harassment
See, E-610 / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – School-based & Family conference
3rd – Short-term Suspension & Family conference
D-320 – Inappropriate Sexual Conduct / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Short-term Suspension
D-330 – Inappropriate Touching
See, E-210 / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Long-term Suspension / 1st – School-based
2nd – Short-term Suspension & Family conference
3rd – Short-term Suspension
D-340 – Inappropriate Language
See, E-250
See, E-520 / 1st – Ensure student understands that name calling, cursing, and verbal assault are not allowed, & family conference & school-based consequence.
2nd – Family conference & school-based consequence
3rd – Short-term suspension / 1st – Ensure student understands that name calling, cursing, and verbal assault are not allowed & family conference & school-based consequence.
2nd – Family conference & school-based consequence
3rd – Short-term suspension / 1st – Teach students how to deal with their anger and that cursing at or name calling others is not allowed & family conference.
2nd –Assess need for additional student skills training & family conference
3rd – School-based consequence & family conference

Judges Panel

Your Role:

-Chief Judge will run the court and will ask questions if necessary.

-Judges as a panel will listen to the facts to determine the outcome of the appeal hearing.

-Your role is to listen to the representatives and the witnesses to gather the true facts to decide if the long-term suspension should stand.

Head hearing judge will call us to order and will direct the proceedings.

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

Now its time to prepare!

What are some important things you need to know to make a fair decision regarding Mary Jane’s appeal?

Chief Judge, please explain the order of the court and how/when judges may ask questions.

Chief Judge, if there are any objections it is your job to decided if they are sustained or overruled.

School District Representative

Your Role:

-To prepare and present a short opening statement. An opening statement is your first opportunity to tell your story of the case. It is your first impression to convince the judges that your side is right.

-To question the witnesses to bring out the facts you think are most important to the case.

-To prepare and present a short closing statement. A closing statement is your final statement to the judges. You will want to remind them of the facts that are most important for you to win your case.

Order of Hearing

Head hearing judge will call us to order and will direct the proceedings.

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

YOUR OPPORUTNIES TO SPEAK

You will prepare an:

-Opening Statement

-Examination of School District’s Witness—Principal

-Cross Examination of Student’s Witness—Friend of Student

-Closing Statement

Now its time to prepare!

Possible template for an Opening Statement:

Good Morning,

I am ______, representing ______. The case before us about ______. The facts show ______. For this reason we ask the hearing panel to ______.

Write your own. It does not have to be long. You just want to give a good first impression for why MaryJaneshould not be allowed to return to school.

Sample Questions for Examining the School District Witness:

-Good Morning Principal ______, thank you for being here with us. How are you this morning?

-Can you tell us what happened in the incident that lead up to Mary Jane’s suspension?

-Is a long-term suspension the normal response when a student makes a facebook group outside of school property and after school hours?

-What sort of student is Mary Jane?

Write your own.

Sample Questions for Cross-Examining Mary Jane:

-Hi Mary Jane, thanks for coming.

-You said that you are honor student, but you brought the drug to campus, did you think it was bad idea to bring the drug to school?

-Don’t you think because you are honor student, other students will be more affected by your attitude?

-Did you learn the student handbook that mentions students should not engaging in intentional written or electronic statements….

-Did the principal give you time to explain the incident and give you warrant from the suspension?

Write your own.

Possible template for the Closing Statement:

In the end of this hearing, we agree that the principal has a responsibility to provide security in the school including from threats and intimidation through cyberbullying that occurs at school or which disrupts school activities. However, in this case, ______. We remind the judges that ______. We ask the court to ______and allow our client to ______.

Write your own. Remember it does not have to be long. You just need to remind the judges why your client should not be suspended and should be allowed to return to school. Be creative!

Student’s Representative

Your Role:

-To question the witnesses to bring out the facts you think are most important to the case.

Order of Hearing

Head hearing judge will call us to order and will direct the proceedings.

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

You will prepare an:

-Opening Statement

-Examination of School District’s Witness—Principal

-Cross Examination of Student’s Witness—Friend of Student

-Closing Statement

Now its time to prepare!

Possible template for an Opening Statement:

Good Morning,

I am ______, representing ______. The case before us about ______. The facts show ______. For this reason we ask the hearing panel to ______.

Write your own. It does not have to be long. You just want to give a good first impression for why your client should be allowed to return to school.

Sample Questions for Cross-Examining the School District Witness:

-Good Morning Principal ______, thank you for being here with us. How are you this morning?

-Can you tell us what happened in the incident that lead up to Mary Jane’s suspension?

-Is a long-term suspension the normal response when a student makes a facebook group outside of school property and after school hours?

-What sort of student is Mary Jane?

Write your own.

Sample Questions for Examining Mary Jane, your client:

-Hi Mary Jane, how are you doing?

-Could you please tell us, about the drill team that you have been involved with?

How about your friend?
Is Eliza one of your best friend?

-Could you please tell us, the day when the incident happened? And what was the main reason you started the facebook group?

-Did you post on the facebook group while you were at school? Did you think that what you posted was prohibited by school policy?

-Could you please tell us, your hopes from this hearing?

Write your own.

Possible template for the Closing Statement:

Write your own. Remember it does not have to be long. You just need to remind the judges why your client should not be suspended and should be allowed to return to school. Be creative!

Suspended or Expelled Student—Mary Jane

Your Role:

-You will be called on to witness for yourself.

-You need to read through the scenario carefully and be prepared to answer questions.

-If you are asked a question and the scenario did not give you that particular fact, feel free to make it up.

-This role requires you to do some acting! Be convincing!

Order of Hearing

Head hearing judge will call us to order and will direct the proceedings.

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

Now its time to prepare!

1. What happened based on the scenario?

2. What rule did you break? If you broke a rule at all.

3. Do you think the suspension is fair?

4. What would you like to happen after the appeals hearing?

Examples of some of the questions you will be asked include:

-Did you know what the school handbook says about drugs?

-Did the principal give you time to explain the incident?

-How did you know you were suspended?

Witness for the School District—School Principal

Your Role:

-You will be called on to witness for the school district.

-You need to read through the scenario carefully and be prepared to answer questions.

-If you are asked a question and the scenario did not give you that particular fact, feel free to make it up.

-This role requires you do some acting! Be convincing!

Order of Hearing

Head hearing judge will call us to order and will direct the proceedings.

1. Opening Statement from School District

2. Opening Statement from Student Reps

3. Call witness for School District—Principal

4. Cross-Examination by Student Reps

5. Mary Jane

6. Cross-Examination by School District of Mary Jane

7. Closing Statement from School District

8. Closing Statement from Student Reps

Now its time to prepare!

1. What happened? What did you do? Why did you do what you did?

2. Do you think you made the right decision long-term suspending Mary Jane? Why or why not?

3. What kind of student is Mary Jane?

4. What do you think should happen after this appeals hearing?

Examples of some the questions you will be asked include:

-Why did you suspend Mary Jane?

-What rule did she break?

-How did you hear about the facebook group?

-Do you always suspend students for this sort of behavior?