High school years are critical to a young person's development. They learn important skills in high school that will carry over to their adult life, whether they go on to higher education or join the workforce. A student's success in high school should depend completely on the choices they make and the skills they have. Unfortunately, however, some kids end up emotionally or mentally scarred by unfair disciplinary policies. What would have been an important, flourishing time for a high school student ends up being a black stain on their teenage years. Instead of progressing as a well-adjusted young adult, they get caught up in school discipline, and their academic, social, and psychological development is stunted.
Students can face a large number of challenges from teachers and administrators that have nothing to do with academics. Accusations of cheating, plagiarism, sexual misconduct, and more can weigh so heavily on a teenager that they're unable to focus on or accomplish anything else. At the Lento Law Firm, we know how big of a burden these accusations can be for both your kids and for you. Our Student Defense Team understands how to protect your child's rights and stand up to their school when the discipline gets carried too far.
Call the Lento Law Firm today at 888-535-3686 or fill out our online form so you can schedule a consultation with us to discuss your high school student's future.
The North Carolina Educational System
For starters, you should know who's responsible for making and enforcing disciplinary rules at North Carolina high schools. State law requires local school boards to create a code of student conduct that spells out expected standards of behavior for students, conduct that may be subject to discipline, and the specific disciplinary measures school officials are allowed to take. Although school districts may create their own discipline policies, they must still be consistent with state and federal education laws.
State law mandates how discipline policies should be formed at schools. Teachers, school-based administrators, parents, and local law enforcement agencies must all be consulted in the formation of policies. The law also requires schools to make students and parents aware of these policies by publishing them at the start of each school year, and providing a copy when requested. The policies must contain the full range of disciplinary actions possible, including responses that do not remove a student from the classroom. Essentially, individual administrators and instructors at schools shouldn't be allowed to make up their own penalties. They are required by law to use the disciplinary actions stated in the code of conduct published by their school or district, as this code is supposed to contain the full range of disciplinary actions possible.
High schools in North Carolina are also subject to federal law. The most important are Title IX restrictions on sexual discrimination and harassment, Title IV restrictions on racial, sexual, and religious discrimination, and the Individuals with Disabilities in Education Act (IDEA).
While still following federal and state law, schools do have some leeway when creating and administering code of conduct policies. These policies look fairly similar from one school to the next, but there can be minor differences. For example, Wake County Public Schools in Raleigh has an extensive dress code policy that prohibits depictions of profanity, vulgarity, obscenity, or violence. There is also an extensive list of what parts of the body must be covered. This policy applies to all schools in the district (except two that have uniform policies). Charlotte-Mecklenburg Schools, on the other hand, doesn't have such a detailed dress code at the district level. Instead, it puts the responsibility on individual schools in the district to devise their own dress code or uniform policies.
To know what's allowed at your child's school, it's important to locate and read the school or district handbook. However, some categories of behavior tend to be treated similarly across all school districts, and it's those categories that this guide covers:
- Academic misconduct
- Non-academic disciplinary misconduct
- Sexual misconduct
Academic Misconduct
Scandals about cheating have a truly negative impact on high schools' reputations, so they take it very seriously in North Carolina. At T.C. Roberson High in Asheville, cheating and plagiarism can result in penalties ranging from a student-teacher conference to three days of out-of-school suspension. There's no honor code or academic integrity policy at the school; it's been incorporated into the general student handbook. At West Forsyth High School in Clemmons, the student handbook contains a student honor code. It lists several offenses that are unacceptable, such as cheating, stealing, plagiarism, and falsification.
Most high schools define academic misconduct as:
- Cheating: Using any unauthorized materials to finish coursework constitutes cheating. These materials could encompass textbooks, cheat sheets, online resources, or assistance from another individual. Essentially, if a student derives answers from any external source not explicitly permitted by the teacher, they may face allegations of academic dishonesty.
- Plagiarism: Presenting someone else's words or ideas as if they were your own is plagiarism. It can range from minor infractions, such as incorporating a quotation into an essay without proper attribution, to more serious violations, like claiming ownership of another student's work.
- Misrepresentation: Turning in assignments that are not authentically your creation is considered academic dishonesty. Things like fabricating sources or manipulating laboratory outcomes are examples of misrepresentation.
In most educational settings, the responsibility of monitoring academic integrity falls mostly on teachers. They're typically the ones most equipped to identify instances of cheating and plagiarism, so schools often grant them significant authority to allege, judge, and impose penalties for academic misconduct in the classroom. These penalties can range from redoing an assignment to receiving a lower grade on the work or in the course overall.
Suspension and expulsion for academic violations are relatively rare and usually reserved for severe or repeated offenses. Also, only school administrators typically have the authority to enforce such big consequences. Although suspension and expulsion are a big deal, these decisions might not always involve an in-depth investigation or a formal hearing.
It's also important to note that allegations and penalties for academic misconduct often go uncontested, particularly when the sanctions are limited to classroom-level consequences. Students tend to accept their teachers' assessments and the resulting penalties without question. Yet, all disciplinary measures are significant, as even a warning about academic misconduct could impact a student's future, affecting college admissions or job prospects.
Students might not always inform their parents about their disciplinary issues, fearing additional reprimands at home or preferring to manage the situation independently, even if they are innocent. It's crucial to encourage open communication with your children about their school experiences, emphasizing that some penalties might be disproportionately harsh and should not be accepted blindly.
If your child is dealing with an unfounded accusation or facing an unjust penalty, the Student Defense Team at the Lento Law Firm is prepared to offer support and guidance. Whether it involves negotiating with a teacher or representing your child in a formal hearing, our goal is to advocate for your child's rights and work towards clearing their record, ensuring they have the best possible foundation for their future.
Non-academic Disciplinary Misconduct
Non-academic disciplinary misconduct typically includes actions that harm others, damage property, or interfere with the functioning of the school. Although it can take place within the classroom setting, it's separate from academic misconduct because it doesn't directly pertain to coursework or academic tasks.
Keep in mind that every school is different. Even within the same district, schools can have policies that vary slightly. For example, the student handbook for Jordan High School in Durham prohibits food delivery (such as DoorDash, UberEats, GrubHub, Jimmy Johns, etc.) to students during the school day. It also prohibits parents from ordering food for students and having it delivered to school.
Each high school in North Carolina has specific policies concerning misconduct, but there are some forms of behavior that are usually banned in most schools:
- Violence: All schools in North Carolina have policies against violence. School handbooks usually have a statement about violence, saying that it's not tolerated in almost all circumstances, whether it involves another student, staff, or visitor to the school campus. Some schools even have policies about the violence that occurs off-campus. State law says that a student who injures or assaults a teacher and receives a long-term suspension is not allowed back into the teacher's classroom without their consent.
- Substance abuse: North Carolina schools ban the sale, possession, distribution, and usage of drugs and alcohol at school and school-related events. School districts must form specific substance use policies to address drug and alcohol incidents by students. Buncombe County Schools, for example, has a clear chemical substance use policy that spells out which behaviors are considered violations. State law requires school principals to report to law enforcement any incident that occurs at school involving possession of a controlled substance in violation of the law.
- Weapons possession: Weapons are not allowed on school campuses in North Carolina. Some schools have zero-tolerance policies for weapons and firearms on campus, meaning that possession of a weapon results in a penalty automatically. The state has a 365-day suspension policy for gun possession as well. This policy requires schools to suspend a student for 365 calendar days if they have brought or been in possession of a firearm or destructive device on educational property, or to a school-sponsored event off-campus.
- Bullying: North Carolina State law prohibits bullying and harassing behavior at school and requires all school districts to create an anti-bullying and harassment policy. The law also defines bullying and harassing behavior. North Carolina even has a state law prohibiting cyberbullying, both between students and school employees. Bullying is not a criminal offense, like violence, substance abuse, and weapons possession can be, but it does make clear that schools are to prohibit and punish this behavior from students.
Schools often group offenses under a "general misconduct" umbrella, but punishable behaviors can be pretty varied. For instance, cell phone usage may be problematic in one school, while public displays of affection, like kissing in hallways, might be forbidden in another. Generally, the criterion for determining if an action violates school rules is whether it harms another student, damages property, or disrupts the normal functioning of the school. The latter category is especially broad, encompassing behaviors as minor as speaking out of turn in class or running in hallways.
Teachers and school officials frequently exercise their authority without opposition, as schools tend to run more smoothly when students respect adults as authority figures. Nevertheless, it's crucial to acknowledge that educators and administrators can make mistakes, sometimes accusing students unjustly or imposing unduly harsh penalties for minor infractions. It's essential for your child to know their rights and understand that they don't have to passively accept disciplinary actions. They should feel comfortable informing you about any issues. You can also have the support of the Lento Law Firm's Student Defense Team. We are committed to advocating for you and your child's rights.
Sexual Misconduct
Sexual misconduct allegations rank among the most severe accusations a student can encounter. School policies universally address sexual offenses, which are also governed by federal Title IX regulations. Like anti-bullying laws, Title IX doesn't lead to criminal charges but obliges public educational institutions to investigate all plausible complaints. It dictates the procedures for conducting these investigations and adjudications and often leads to schools imposing strict penalties, including suspension and expulsion, for violations.
The range of behaviors considered under Title IX is broad, from verbal harassment, which may be deemed an offense, to more serious allegations like dating violence and rape, which almost always initiate investigations. Other actions, such as inappropriate touching, coerced kissing, stalking, and discrimination based on gender, sex, and sexual orientation, are also typically viewed as violations.
Navigating Title IX cases is challenging due to the intricate federal guidelines schools must adhere to. These cases often delve into sensitive areas, including the definition of "consent" and the examination of physical evidence, and frequently rely on the credibility of the parties involved. Given these complexities, facing a sexual misconduct allegation without legal assistance is not advisable. In this type of case, the Student Defense Team at the Lento Law Firm becomes indispensable.
Academic Progression
Although not related to discipline, there are times when students run into issues with academic advancement. Historically, educators have failed students deemed not to be "performing" adequately in class, and school districts have required students to repeat a grade for failing critical courses. This practice continued for decades in many educational settings.
However, the understanding of education has shifted in recent years, acknowledging that grades might not fully reflect a student's academic capabilities. Classroom performance can be influenced by numerous factors unrelated to a student's intellect, such as:
- Socioeconomic status
- Course materials and tests that inadvertently favor certain racial or ethnic groups
- The quality of the school or the teaching ability
- Disciplinary actions that take a student's focus away from schoolwork
Moreover, repeating a grade can isolate students from their peers, causing emotional and psychological distress.
Acknowledging these realities, many schools are now more thoughtful in how they assess students and react to lower-than-average evaluation scores. If your child is at risk of being held back or failing essential courses, it's crucial to intervene. In a competitive academic landscape, even a single low grade on a high school transcript can hinder college admissions.
The Lento Law Firm's Student Defense Team is dedicated to ensuring:
- Fair treatment of your child in academic settings
- Adoption of teaching methods that align with your child's learning style
- Equitable evaluation of your child's academic performance
- Recognition by the school of external factors affecting learning
- Prevention of biased or unfair remarks from tarnishing your child's academic record
- Providing every possible opportunity for your child to thrive academically
It's vital to act swiftly in these situations. Once a student is labeled in a negative light, changing that perception can be challenging.
Sanctions for High School Students in North Carolina
The punishments for violations differ from one school to the next. In general, though, most high schools rely on the following penalties for student misbehavior:
- Detention
- Extra assignments
- Loss of extracurricular privileges
- Community service
- Restitution
- Suspension
- Expulsion
Schools may sometimes also require students to attend counseling or instructional sessions about anger management. As previously mentioned, it's important to question sanctions if they seem unfair, no matter how serious the punishment is. Even a formal warning can have negative long-term effects if it shows up on a student's high school disciplinary record. Always try to ensure your child isn't falsely accused of something and that the severity of the punishment fits the offense.
As an example, codes of conduct should only use long-term suspension and expulsion for offenses considered “serious,” meaning they threaten the safety of students, staff, or school visitors or substantially disrupt the educational environment.
The law lists examples of violations that should not merit a long-term suspension and expulsion:
- Use of inappropriate or disrespectful language
- Noncompliance with a staff directive
- Dress code violations
- Minor physical altercations that do not involve weapons or injury
Another important part of North Carolina education law to know is that schools are encouraged to use a wide range of responses to violations, such as conferences, counseling, peer mediation, behavior contracts, instruction in anger management, detention, academic interventions, community service, and other similar tactics that don't remove a student from school.
The law does allow school districts to expel or suspend students long-term, however. As to which offenses are considered serious enough for these punishments, state law leaves it up to local school districts to decide. The law in North Carolina also does not expressly prohibit corporal punishment of students. If a student is to be expelled or suspended long-term, they must be given a hearing.
It's crucial to understand the relationship between high school disciplinary actions and your child's educational rights. In the U.S., every child is entitled to a free public education, a right that is protected by the Constitution without exceptions. Even in the event of expulsion, the state of North Carolina remains obligated to provide an education for your child. The state may require you to homeschool your child or arrange for their attendance at a different school or in another district. However, it cannot deprive your child of their right to secondary education and must offer the necessary resources at no cost to you.
Disciplinary measures can profoundly affect a child's education and their emotional and psychological health. Before accepting any disciplinary outcome, it's advised to consult with the Lento Law Firm to ensure your child receives fair treatment.
Defending Your Child's Rights
It's something you hope never happens—your child facing unfair treatment at school. However, there are times when stepping in to defend your child becomes essential, and the approach you take can vary based on the allegations. For instance, Title IX sexual misconduct allegations follow a strict federal procedure for investigation and adjudication. For less serious accusations, such as academic dishonesty, there might not be formal procedures in your district.
Regardless, you should always be entitled to request an investigation and a hearing. Schools are obligated to offer due process for serious disciplinary actions like suspension or expulsion. Even for lesser penalties, the school's staff, administrators, and board are expected to address your concerns fairly and justify their decisions.
Moreover, you're entitled to legal representation for your child throughout this process, meaning a lawyer from the Lento Law Firm can manage your case in its entirety. You also have the right to present evidence and summon and cross-examine witnesses.
Demanding a formal hearing isn't always the necessary first step. Many disciplinary issues can be resolved by escalating your concerns through the school's hierarchy:
- Begin by talking to your child's teacher.
- Take your concerns to school administrators like the counselor, vice-principal, or principal.
- Go to the district administration or school board with your case.
In some scenarios, you may need to escalate the issue to the North Carolina State Board of Education or the United States Department of Education. You always have the option to request a school board hearing and pursue civil litigation if needed.
With so many potential avenues, determining the best course of action can be daunting. The Student Defense Team at the Lento Law Firm, having supported hundreds of students and families, knows how to identify the most effective strategy for your situation. We're committed to thoroughly evaluating your case and guiding you through each step, ensuring you receive the justice you and your child deserve.
Do You Need a Student Defense Attorney?
The law gives you, as a parent, legal recourse to protect your child at school. If that were enough to prevent your child from ever being mistreated, misjudged, or unfairly punished at school, you wouldn't need an attorney's help. Unfortunately, simply having laws in place isn't always enough to protect your child. Public schools make mistakes when administering education law—they don't follow policies and procedures to the letter every time. When that happens, your child needs an advocate who can stand up and hold educators responsible for their mistakes.
Getting justice for your child at school isn't always an easy and straightforward process. Typically, you have to go through a whole round of informal negotiations and conversations before you can initiate the formal procedures.
Our Student Defense Team can help at every step in the process, including:
- During informal negotiations with teachers and administrators
- Speaking on your behalf at investigative meetings or hearings
- Presenting a full defense of your child
In addition, we can guide you through the process and offer advice on how to navigate them yourself. Sometimes, it's better to negotiate with a teacher rather than demand a full hearing, depending on the situation. We can let you know which strategies are likely to be the most effective for your student's case.
The Lento Law Firm Can Handle Your Student's Defense
What sets the Lento Law Firm's Student Defense Team apart? We can handle student defense cases, which aren't like typical legal cases.
- Student defense cases often involve unique situations that aren't common in traditional courtrooms. This includes determining if a student's tone was "belligerent," clarifying if a teacher's instructions were understandable, and interpreting a school's policy on public displays of affection.
- Student cases delve into specific legal areas that general local or family lawyers might not frequently encounter, such as academic dishonesty, dress code infractions, and bullying.
- In a student case, you often have to take federal legislation into account, including Title IX, the Americans with Disabilities Act, First Amendment rights to free speech, and civil rights laws.
- Instead of unfolding in a courtroom before a legally trained judge, student cases typically occur within the educational setting—classrooms and administrative offices—and are adjudicated by educators and school officials.
A key difference in the legal process for student defense compared to traditional court trials is the standard of proof. In court, the "beyond a reasonable doubt" standard is applied, whereas in school settings, decisions are often made on a "preponderance of the evidence" basis. This means that if the decision-makers believe it is more likely than not that the student is guilty (over 50% certainty), the student can be found responsible for the alleged misconduct.
Other Education Issues
Most of this guide has centered on disciplinary matters. However, it's important to note that the Lento Law Firm can address a wide array of challenges that students in North Carolina might face.
- Disability concerns: Students with disabilities, including learning disabilities, are guaranteed specific rights under federal and North Carolina laws. These rights include entitlement to classroom accommodations such as extended time for assignments, the provision of note-takers, and access to specialized technology. If your child's needs are not being fully met by their school district, we can advocate on your behalf to ensure the district fulfills its obligations.
- Bullying issues: Should your child be a victim of bullying, the school may be partly to blame. We can assist your family in recovering any financial and emotional damages through civil litigation.
- College student matters: Our representation at Lento Law Firm extends beyond K-12 students to include those in higher education. If your college student is confronting disciplinary actions from their institution, we are prepared to offer them a robust defense.
The Lento Law Firm Is on Your Side
The team at the Lento Law Firm recognizes that educational institutions may sometimes exceed their bounds. While it's rare for them to intentionally misuse their authority, mistakes happen. Our mission is to protect your child's rights in these situations.
The Student Defense Team at the Lento Law Firm is dedicated to ensuring every student receives equitable treatment and the chance for the highest quality education. We know how the North Carolina education system works, including the nuances of various school districts. With this knowledge, we've assisted many students in defending their rights.
Should your child be subjected to unjust disciplinary measures, we're here to support your family. For more information, reach out to the Lento Law Firm at 888-535-3686 or fill out our contact form.
