Whether it's in the wide-ranging Bismark Public Schools District, the diverse West Fargo Public Schools District, or the Minot Public Schools District, which serves many military families, students all across North Dakota should stay vigilant. Behaviors classified as "inappropriate" when occurring off school grounds, such as theft, drug use, and hazing, can profoundly impact students' academic progress and their status within their schools. These consequences may apply even if the behavior appears unrelated to a student's academics and regardless of whether your child is a good student or a star athlete.
It's important to understand that schools often consider students' off-campus activities as grounds for school-based discipline.
While this may appear inequitable, it's a situation that arises quite frequently, and K-12 students can find themselves subject to disciplinary actions such as suspensions, detentions, or even expulsions for conduct that occurs outside of school.
Parents are frequently taken by surprise when their children's school takes disciplinary actions in response to their children's off-campus behavior. Many feel uncertain about how to provide a defense and may find themselves excluded from the school district's disciplinary proceedings. 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 North Dakota Schools
Unbeknownst to many parents, a wide variety of off-campus misconduct can trigger a response from your student's school administrators. Below, we'll delve into different categories of misconduct and explore how they can impact your child's academic environment.
Non-School Related Behavior
Activities that occur off-campus, like vandalism, fights, graffiti, or trespassing, might appear unrelated to the school environment but can still result in academic repercussions. Fargo Public Schools, for example, requires students to conduct themselves in an age-appropriate manner that does not impede on the “orderly conduct” of their given school. When off-campus behavior has a “substantial disruptive effect” on district operations, personnel, or the overall educational environment, the District reserves the right to pursue disciplinary consequences.
Behavior Indirectly Linked to School Policies
Whether or not conduct occurs on school grounds or off-campus, North Dakota schools expect their students to display appropriate maturity and respect for themselves and their community. In today's digital world, students must also display this maturity and respect for others online as well.
Online actions, including posting racially insensitive comments, engaging in cyberbullying, or disparaging marginalized communities, are treated with seriousness by schools. This is particularly true when the school perceives that your student's actions have an impact on their student community due to harsh comments or words. It's crucial to note that these actions, even if they happen off-campus and aren't directly tied to school activities, can still breach a school's conduct policies. This underscores the significance of responsible social media usage.
Code of Conduct Expectations Extend to Sports and Extracurricular Activities
Even though certain school-related activities like sporting events, competitions, or recitals may take place off-campus, students must still follow their Code of Conduct during these events. Non-compliance can lead to students being disqualified from participating in these activities and the possibility of suspensions or expulsions. Dickinson High School, for example, located within Dickinson Public School District, makes this quite clear in its student handbook. Within the school's regulations pertaining to extracurricular activities, the District notes that they have the authority to govern both on and off-campus behavior that falls under the jurisdiction of the North Dakota High Schools Activities Association (“NDHSAA”). This state-sponsored organization oversees interscholastic activities, clinics, contests, and festivals among its member schools. Some of the types of off-campus activity prohibited by the NDHSAA code of conduct include:
- Disrespectful behavior towards the American Flag and/or national anthem.
- The use of profanity, negative talk, trash talk, name calling, discriminatory slurs, etc.
- Personal attacks or other acts of disrespect.
Conduct Involving the School Community
Schools may opt for disciplinary measures when student misconduct impacts the school community, even if the conduct is far removed from school premises. Conduct involving or affecting the school community can include social media misconduct, like sending threatening emails, engaging in cyberbullying, or disparaging the school on social media.
In these situations, schools may take decisive action, which can sometimes appear excessive or unjust in their disciplinary approach. The North Dakota School Boards Association's guidance issued to school districts on cyberbullying laws urges schools to expand the definition of student cyberbullying to include any electronic messages received or sent off school property that place another student in actual or reasonable fear of harm to their safety or property.
An example of this misconduct could occur if one student messages another student on social media telling them to “watch their back” at school tomorrow. Even though the wrongdoing may have occurred at the student's house, mall, etc., a member of the school community now feels threatened and on edge while on campus.
The Types of Disciplinary Approaches in North Dakota
Due to the differing approaches of North Dakota schools and districts in addressing off-campus misconduct, there isn't a uniform disciplinary process for off-campus behavior. Nonetheless, a school's reaction to off-campus misconduct typically depends on the gravity of the offense. Below, we explore various strategies schools may employ to deal with these incidents.
Restorative Practices
When the alleged misconduct involving your student doesn't directly connect to the school, the school's approach may lean towards an educational response, often called "restorative practice." Schools employing restorative practices may choose supportive measures like counseling, community service, or providing educational resources to respond rather than resorting to strict disciplinary actions. West Fargo Public School District utilizes a restorative approach through a multi-tiered system of support for K-12 students that emphasizes viewing students through the lens of their emotional maturity for their age range.
Less Drastic Disciplinary Consequences
North Dakota schools may adopt a more proactive but not as radial approach when a student's behavior has some connection to school activities. For instance, if a student is involved in offensive online actions off-campus, schools might step in to maintain a respectful environment for the entire student community. The resulting consequences can vary, ranging from counseling to milder school-based suspensions, exclusion from extracurricular activities, or family conferences where students involved must discuss their behavior with their families and school administrators.
Serious Consequences
Conversely, when a student's off-campus conduct directly impacts other school community members, the response tends to be more stringent and immediate. Behaviors such as making threats or engaging in physical altercations with fellow students could have severe consequences, including long-term suspensions, expulsions, or even disciplinary placements at continuation schools.
The Seriousness of School Discipline
Initially, schools can respond promptly, often within hours, particularly in cases involving severe misconduct such as bullying or drug use. The immediate consequences in such situations, like missed classes or extracurricular activities leading to academic setbacks, can be substantial, causing students to fall socially and academically behind. In the long term, disciplinary records might influence college admissions and scholarship opportunities, particularly if universities perceive a student as a potential on-campus liability or if students counting on sports scholarships can no longer play for their district's team.
Additionally, disciplinary actions can induce stress, anxiety, and a feeling of isolation, particularly when facing suspension or expulsion. Parents can play a vital role in supporting their children, reassuring them about their prospects, and seeking appropriate mental health support when needed.
Guiding Your Family Through School Disciplinary Proceedings
Providing guidance and support to your child during disciplinary proceedings in their North Dakota K-12 school can be daunting. These proceedings can be overwhelming, particularly when considering the resources and staff available to school districts. Parents and students may undergo substantial stress, which can be exacerbated in smaller communities where privacy feels compromised. Fortunately, our Student Defense Team has extensive experience navigating the intricate landscape of North Dakota education laws, local school district policies, and the diverse personalities within school administrations. Below, we outline various ways our team can assist your family during this challenging period.
Guidance on Relevant Rules and Regulations
To navigate disciplinary proceedings effectively, parents and students need to begin by clearly understanding the relevant rules and regulations that apply in their case. Our Student Defense Team can assist by thoroughly reviewing the applicable laws, policies, and regulations specific to your school district and circumstances, providing comprehensive explanations of their importance and implications.
Thorough Investigations
Our Student Defense Team can be crucial in investigating off-campus conduct, including incidents like hazing, drug use, or cyberbullying. Armed with the necessary experience and resources, we can conduct comprehensive investigations, which may include collecting evidence, interviewing witnesses, and thoroughly analyzing the circumstances surrounding the alleged misconduct.
The evidence our team discovers plays a critical role in establishing the facts and creating a comprehensive understanding of the off-campus incident. A well-prepared and fact-based presentation of the student's perspective during school district hearings or meetings can be pivotal in challenging the district's position and ensuring a fair outcome.
Furthermore, the evidence can significantly influence negotiations with the school or district. School districts may be more open to exploring alternative resolutions or adjustments to the disciplinary outcome by presenting a well-documented case. This is particularly true when they recognize that their position could be adequately challenged within a legal context.
School Communications and Negotiations
Our Student Defense Team can also be a valuable intermediary when communicating with a school on a parent's behalf. Drawing upon our extensive nationwide experience in student defense, we are skilled at effectively conveying parents' concerns, requests, and legal arguments in a compelling and organized manner. This approach often leads to higher respect and attention from school authorities, who take special notice when their outcomes are questioned. Our professional representation can facilitate productive negotiations and resolution discussions, as schools are more likely to engage with legal representatives who deeply understand school discipline policies and regulations.
Appeals
In addition to providing counsel and representation during student discipline defense hearings, our Student Defense Team can assist you and your student in navigating the appeals process, if appropriate. Appeals related to school discipline can be intricate, involving legal procedures and documentation that may be unfamiliar to most families. These procedures often have strict requirements, making it essential for families to adhere to precise guidelines to ensure their appeal is considered.
Our team can alleviate your family's stress by meeting all necessary steps and deadlines. During the appeal process, we can formulate compelling arguments and present supporting evidence, enhancing the likelihood of achieving a more favorable outcome for your student.
Facing School Consequences for Off-Campus Misconduct in North Dakota? Contact our Student Defense Team Today
Navigating school discipline conferences, hearings, and decisions can be intricate, particularly when schools impose sanctions on students for off-campus conduct. If you believe your student faces unfair penalties for their behavior outside of school, there's no need to feel helpless. Our nationwide Student Defense Team has extensive experience working with school districts nationwide, especially within North Dakota. We have encountered a wide range of student misconduct issues and have a track record of negotiating favorable resolutions.
Whether you're dealing with a significant district in Fargo, Bismarck, Grand Forks, or a smaller district in Stanley, Carrington, or Harvey, our team is here to advocate for your student and challenge any hasty actions your school district might contemplate.
Our Student Defense Team is committed to assisting you in protecting your child's education, reputation, and future. With extensive experience working with students nationwide, we understand how to alleviate your child's concerns and boost their self-confidence. We are here to help you navigate this challenging time, stay well-informed, and ensure you fully understand your family's rights. Contact the Lento Law Firm's Student Defense Team today by calling 888.535.3686 or by completing our brief online form.
