Whether it's the expansive Billings Elementary School District, the community-focused Geraldine Public Schools, or the academically distinguished Helena School District, students across Montana should all remain on alert. “Inappropriate” conduct outside school grounds, such as vandalism, alcohol use, cyberbullying, and fights, can significantly influence students' academic journey and standing in their respective schools. Even if the conduct seems to have nothing to do with a student's academics and even if the student is academically gifted or a star athlete, off-campus choices can become school-based consequences.
It's important to understand that schools often consider students' off-campus activities as grounds for school-based discipline. While this might seem unfair, it is not uncommon. Based on these incidents, your K-12 student might face disciplinary measures like suspensions, detentions, or expulsions.
Parents are often caught off guard by schools' swift disciplinary actions in response to their children's off-campus behavior. Many are unsure about how to defend and feel left out of the school district's disciplinary process. In these instances, the Lento Law Firm Student Defense Team can offer guidance to students and families facing disciplinary consequences. You can reach a member of our Team by calling 888.535.3686 or by using our online contact form.
Navigating Off-Campus Misconduct and School Responses in Montana Schools
A broad spectrum of misconduct outside of school can prompt a response from your student's school administrators. The varying degrees of misconduct are discussed below, as well as how they relate to your child's academic environment.
Non-School Related Behavior
Off-campus activities, such as property damage, theft, or graffiti, may seem detached from the school environment but can still lead to academic consequences. For example, students at Billings West High School in Billings, Montana, are subject to the Student Code of Conduct daily and night, on or off school district property. The Code goes on to clarify that even if students engage in misconduct violations during summer breaks or other holiday breaks throughout the year, students will still be held accountable. Schools often view such behavior as reflecting poorly on the student's character and contrary to the educational community's values.
Behavior Indirectly Linked to School Policies
In 2010, Montana officially signed an anti-bullying bill into law. Almost a decade after the bill's policies took effect in public schools, the state legislature began advancing a second bullying bill into law, this time aimed at allowing students to use reasonable and necessary physical force to protect themselves against bullies without repercussions. Although the state legislature showed insight by focusing on the fact that many students who violate their school's code of conduct may do so out of self-defense, students are still expected to conduct themselves respectfully when unprovoked.
Online behaviors, such as posting racially insensitive comments, cyberbullying, or disparaging marginalized communities, are taken seriously by schools, especially when they feel like their student population is affected by your student's harsh words or comments. These actions, even if they occur off-campus and aren't directly linked to school activities, can still violate a school's conduct policies, highlighting the importance of responsible social media use.
Helena Elementary School District expressly prohibits any form of bullying, harassment, intimidation, and hazing at any school-related event off campus. The District goes on to further explain that students can face disciplinary consequences for actions that occur:
- Near or within sight of school grounds, regardless of the time of day or night.
- At school-sponsored events or activities, on or off-campus.
- While traveling to or from a school-sponsored event or activity.
- Anywhere the conduct may be considered a threat to any staff member or portion of the student population.
Code of Conduct Expectations Extend to Sports and Extracurricular Activities
While some school-related activities such as sporting games, competitions, or recitals may occur off campus, students are still expected to adhere to their Code of Conduct at these events. Failure to do so can result in students being disqualified from participating in these activities, as well as suspensions or even expulsions. In February of 2023, members of the high school wrestling team in Kalispell School District were suspended for the remainder of the school year due to allegations of hazing and sexual assault allegations. The students were further directed to participate in a youth program at the Center for Restorative Youth Justice, a nonprofit that guides local teens away from the criminal system using restorative justice workshops.
Conduct Involving the School Community
Schools may take disciplinary action for student misconduct that affects the school community, even if it occurs off school grounds. Examples of misconduct that can be traced back to the community include digital misconduct, such as sending threatening emails, cyberbullying, or defaming the school on social media. In these cases, schools might act decisively, sometimes in ways that seem excessive or unfair, to discipline students.
Disciplinary Approaches in Montana
Because Montana schools and districts vary in how they handle off-campus misconduct, disciplinary actions for after-school behavior are not uniform. However, a school's responses to off-campus misconduct will generally vary based on the seriousness of the misbehavior. Schools may adopt different strategies to address such incidents, some of which are addressed below.
Restorative Practices
If the misconduct your student is accused of has no direct link to the school, the school's approach may lean towards an educational response, sometimes referred to as a “restorative practice.” Schools that utilize restorative practices might opt for supportive measures such as counseling, training, or educational resources as a response rather than strict disciplinary actions.
Montana's Office of Public Instruction has shared its preference for restorative measures in cases of tobacco use in schools. Rather than jump to disciplinary measures, the Office offers a variety of other restorative practices that school districts can utilize, such as participation in community service opportunities, conferences with parents and guardians, compulsory tobacco education programs, and support from prevention specialists. This educational approach aims to help students comprehend the consequences of their actions.
Less Drastic Disciplinary Consequences
Montana schools may take a more assertive stance when a student's behavior is somewhat related to school activities. For instance, if a student engages in offensive online activities off-campus, schools might intervene to preserve a respectful environment for their entire student population. Less drastic consequences can range from counseling to less severe school-based suspensions, removal from extracurricular activities, or weekend detentions.
Serious Consequences
On the other hand, if a student's off-campus conduct directly involves other members of their school community, the response may be more severe. Actions like threatening or physically confronting another student could lead to serious consequences, including long-term suspensions, expulsions, or disciplinary placements.
Why Take School Discipline Seriously?
Understanding the impact of school discipline is crucial. Initially, schools can act swiftly, sometimes within hours, especially in cases of serious misconduct like bullying or drug use. The short-term effects that are triggered in these instances, like academic setbacks due to missed classes or extracurricular activities, can be significant. Long-term, disciplinary records may affect college admissions and scholarship opportunities, especially if universities feel a student would be an on-campus liability.
Students can also face ongoing psychological impacts. Disciplinary actions can lead to stress, anxiety, and a sense of isolation, especially if they have been suspended or expelled. Parents can play a crucial role by supporting their kids, calming their minds about their futures, and seeking out appropriate mental health care.
Guiding Your Child Through School Disciplinary Proceedings
Supporting your child through disciplinary proceedings in their Montana K-12 school can be challenging. Disciplinary proceedings can feel daunting, especially when stacked against the resources and staff that school districts have at their disposal. Parents and students may experience significant stress during this time, especially in smaller towns where they feel their privacy has been intruded on. Fortunately, our Student Defense Team has experience navigating the complex Montana education laws, policies of local school districts, and complex personalities that can make up a school's administration. Some of the various ways our Team can help your family through this challenging time are addressed below.
Clarity on Relevant Rules and Regulations
Parents and students should start by understanding the applicable rules and regulations to navigate disciplinary proceedings effectively. Our Team can review the relevant laws, policies, and regulations that apply in your school district and school and thoroughly explain their significance.
Investigations
Our Team can be pivotal in investigating off-campus conduct, such as theft, vandalism, or cyberbullying. Our Student Defense Team has the experience and resources needed to conduct thorough investigations, which may involve gathering evidence, interviewing witnesses, and analyzing the circumstances of the alleged misconduct.
The evidence our team uncovers can help establish the facts and provide a clear picture of what transpired during the off-campus incident. The evidence can also support the student's defense during school hearings, as a well-prepared and fact-based presentation of the student's side of the story can be crucial to challenging the district's stance.
Finally, the evidence can also be instrumental in negotiations with the school or district. When presented with a well-documented case, school districts may be more inclined to consider alternative resolutions or adjustments to the disciplinary outcome, especially if they feel like their position could potentially be challenged in a court of law.
School Communications and Negotiations
Our Student Defense Team can also serve as a valuable intermediary when communicating with a school on a parent's behalf. Our unmatched nationwide student defense experience allows us to effectively convey parents' concerns, requests, and legal arguments in a compelling and organized way, which often garners a higher level of respect and attention from the school authorities. Our professional approach can open doors in negotiation and resolution discussions, as schools are more inclined to engage with legal representatives who understand the intricacies of school discipline policies and regulations.
Appeals
In addition to providing counsel and representation during student discipline defense hearings, our Student Defense Team can help you and your student navigate a possible appeal. Appeals in the context of school discipline can be complex, involving legal procedures and documentation that may be unfamiliar to most families. These procedural requirements are often unforgiving, meaning that families must meet exacting requirements to ensure that their appeal can even be heard.
In these instances, our Team can ease your family's stress by ensuring that all necessary steps are taken and deadlines are met. At the appeal stage, our Team can craft strong arguments and present evidence to support the appeal, increasing the chances of a more favorable outcome.
Facing School Consequences for Off-Campus Misconduct? Contact Our Student Defense Team Today
Navigating school discipline conferences, hearings, and decisions can be complex, especially when schools sanction students for off-campus actions. If you believe your student faces unjust penalties for their behavior outside of school, your family does not need to accept defeat. Our nationwide Student Defense Team has worked with school districts all across the nation and the state of Montana. We have seen it all and dealt with a large spectrum of student misconduct issues, helping us negotiate better resolutions on behalf of your student.
Whether you're dealing with a large district in Billings, Missoula, or Great Falls or a more remote district in Black Eagle, Hot Springs, or South Hills, our Team is available to negotiate on your student's behalf and challenge the rushed repercussions your school district may be considering.
Our Student Defense Team is dedicated to supporting you in safeguarding your child's education, reputation, and future. Having worked with students all across the country, we know how to calm your child's worries and empower them to believe in themselves once again. We are here to assist you in taking proactive steps, staying informed, and understanding your family's rights during this challenging period. Contact the Lento Law Firm's Student Defense Team today by calling 888.535.3686 or by completing our brief online form.
