Off-Campus Actions Can Impact Illinois School Life
Illinois has many outstanding public and private elementary and secondary schools. Your student may attend one of the Chicago Public Schools' many outstanding middle or high schools, a fine suburban middle or high school in Evanston, Naperville, Arlington Heights, Wheaton, or another suburb, or a strong out-state school in Springfield or another location.
Any of these schools, though, may in some circumstances hold your student accountable for misconduct the school alleges occurred off campus, even conduct occurring away from any school event. You might reasonably think that schools should attend to school business, leaving a student's personal life away from school to the supervision and control of parents. If, for instance, your student has a dating or social media dispute with another student over the summer, on a weekend, or on a school vacation, or even an off-campus altercation, the school may threaten your student with school discipline, suspension, and expulsion to an alternative disciplinary school or boot camp.
You know the value of your student's education, reputation, and future. You know all that you and your student have invested in your student's growth and development. Don't let school disciplinary charges for off-campus conduct derail your student's education and future. Retain the Lento Law Firm's premier Student Defense Team now for the defense of your Illinois elementary, middle, or high school student's off-campus misconduct charges. Call 888.535.3686 now to tell us about your student's case, or complete this contact form.
Illinois School Off-Campus Misconduct Policies
To the surprise of many parents and students, Illinois school district policies frequently regulate off-campus student conduct. The Chicago Public Schools, for instance, publish a Student Code of Conduct stating that it “also applies to student behavior outside of school” when the behavior most seriously disrupts the school's educational process or orderly operation. The Chicago schools' Student Code of Conduct expressly warns that it will also reach “seriously inappropriate behavior on social networking websites” when disrupting the school. That's right: the Chicago Public Schools may suspend or expel your student even for off-campus online communications.
For another example, the Evanston/Skokie School District publishes a Student Handbook threatening to regulate and punish off-campus student conduct as follows: “School administration may utilize the full range of behavioral supports listed above, including suspension and expulsion, for gross disobedience or misconduct which occurs off school grounds if the conduct interferes with, disrupts, or adversely affects the school environment, school operations, or an educational function….” The Evanston schools' Student Handbook warns that the school may also punish off-campus conduct attempting to intimidate a student or staff member. Do not be surprised if your student's school publishes a similar code of conduct under which school officials may charge your student with off-campus misconduct, threatening suspension and expulsion.
Misconduct Directly Involving a Member of the School Community
These and other school codes and cases suggest three kinds of off-campus conduct that school officials may attempt to reach. The first instance where schools will regulate off-campus conduct is if your student directly harms or threatens another student, teacher, school staff member, or other member of the school community. Such an action could mean that your student would also be an on-campus risk to the same person or to other members of the school community. Our defense of your student in such a case may require showing that your student presents no such safety risk on campus.
Misconduct Tangentially Related to School Policies and Interests
The second instance where schools may regulate off-campus conduct is if your student engages in conduct that, although not directly threatening or injurious to a school community member, would violate the policies of the school if taking place on school grounds or at a school activity. An example would be if your student posted racially discriminatory and harassing messages on social media about which students and other members become aware. Our defense of your student in such a case may require showing that your student would not carry out any such discrimination or harassment on campus and thus presents no policy violation risk.
Misconduct Unrelated to School But Presenting On-Campus Risks
A third instance when schools may attempt to regulate off-campus conduct is if your student engages in conduct wholly unrelated to school but clearly wrongful or even criminal nonetheless. An example would be if your student stole a vehicle or committed vandalism away from school. In such a case, the school may have to show that the off-campus misconduct indicates that your student is an on-campus risk for similar behavior. Our defense may need to prove the contrary that your student presents no such risk of on-campus misconduct.
Off-Campus Misconduct Adjudication in Illinois Schools
As you can see, your student faces some risk of school discipline for off-campus misconduct, depending on the alleged wrong and associated school risks. But a disciplinary charge does not mean that discipline will necessarily follow. Our attorneys may be able to show the school that it should take a non-disciplinary approach to resolving the matter. Consider once again the three kinds of off-campus misconduct.
Misconduct Directly Involving a Member of the School Community
The Evanston/Skokie School District's Student Handbook emphasizes both restorative practices and participation and collaboration of stakeholders in discipline resolutions. When off-campus misconduct directly involves a student or other school community member, participatory and collaborative approaches may be appropriate. School disciplinary officials may encourage the accused student and complaining student or other school community member to meet with a trained facilitator to attempt to construct a collaborative resolution that attains a new peace. Otherwise, the school may be in a position of having to bar the accused student without having obtained reliable assurance that the school will not experience a repeat event on campus.
Misconduct Tangentially Related to School Policies and Interests
The Chicago Public Schools' Student Code of Conduct emphasizes restorative justice approaches, especially for cases involving non-dangerous conduct that tangentially implicates school interests. Discriminatory or harassing social media posts would be an example. Restorative justice approaches emphasize voluntary resolutions around the recognition of the rights and interests of others, confession, apologies, and commitment and education to avoid repeated offenses.
Misconduct Unrelated to School But Presenting On-Campus Risks
For misconduct unrelated to school, the opportunities for restorative or collaborative approaches may be fewer because of the school community's lack of involvement in the misconduct. A school community, for instance, would have fewer ways of discouraging vehicle theft or vandalism occurring off campus. But school codes like those in place in Chicago, Evanston, and other Illinois school districts often encourage education and training over punishment. They may also allow for school service or community service. Our attorneys may be able to help you and your student negotiate appropriate relief that assures school officials of your student's rehabilitation and reform if indeed responsible for the alleged misconduct. Otherwise, we may also be able to help your student present a vigorous factual defense disproving false charges.
The Ripple Effect of Illinois School Consequences
Your student likely has more at stake when facing Illinois school off-campus misconduct disciplinary charges. Don't treat those charges as a minor school matter that will quickly pass. Your student's school disciplinary policy likely grants school officials broad discretion to impose a wide range of disciplinary sanctions and conditions. Consider all the impacts when determining how to respond and retain our help.
Immediate Impacts of Off-Campus Misconduct Disciplinary Charges
Schools often have zero-tolerance policies for drug, alcohol, tobacco, and weapons misconduct. Even if your student's alleged off-campus misconduct does not involve one of those issues, school officials generally have the authority to immediately move a student to in-school suspension out of the regular classroom. They may also have emergency authority to remove a potentially dangerous student from the school for up to three, five, or even ten days while investigating and arranging a hearing. Even a short-term interruption can disrupt your student's studies and school relationships.
Short-Term Impacts of Off-Campus Misconduct Disciplinary Charges
If your student does suffer a short-term out-of-school suspension of several days or a week or more, that absence will invariably affect your student's studies. Your student will fall behind. Catching up on studies takes extra time and effort, and may not be possible before key exams. Your student may fail classes, receive lower grades, and lose class standing, honors, and awards. Your student may also lose participation on athletic teams, in musical or dramatic performances, or in clubs. Other students may ostracize your student from social interactions, discouraging your student further. Mental and emotional disturbance, academic delays, and developmental delays may all result.
Long-Term Impacts of Off-Campus Misconduct Disciplinary Charges
Long-term out-of-school suspension or removal to an alternative disciplinary placement may further affect your student's academics, peer relationships, extra-curricular activities, mental health, and social and emotional development. Your student may miss out on preferred college and university admissions, affecting your student's higher education, job, and career.
In short, middle school and high school discipline can mark a change in the trajectory of your student's expected course into a flourishing life. Don't let off-campus misconduct disciplinary charges change the course of your student's life for the worse. Get our help to defend those charges for your student's best possible outcome. We may be able to negotiate an early voluntary dismissal of the charges on terms that keep your student's academic record clean and leave your student in the traditional classroom on schedule with peers.
Guiding Your Child Through Illinois School Disciplinary Proceedings
When you retain the Lento Law Firm's Student Defense Team for your student's Illinois school off-campus misconduct defense, our attorneys do more than manage the academic administrative proceeding toward its best possible outcome. We also help you and your child through the proceeding with the best outlook and least possible stress. Our attorneys will do any or all of these tasks to benefit you and your student directly:
- explain the process to you and your student and answer any questions or concerns you may have;
- help you and your student evaluate the charges and evidence so that you have the information necessary to make the best choices about how to proceed;
- research the relevant state laws, rules, regulations, and school policies to explain to you and your student the authority the school has or lacks to discipline for off-campus misconduct; and
- keep you informed of each development in your student's matter, including opportunities to resolve the matter through negotiations.
Our attorney team will also manage the disciplinary proceeding itself, doing any or all of these tasks to achieve the best possible outcome:
- answer the disciplinary charges raising any available defenses;
- help you and your student identify, gather, and present for school consideration exonerating and mitigating evidence;
- arrange and attend informal conferences to advocate for the early voluntary dismissal of the matter, preserving your student's placement and clean record;
- invoke a formal hearing if the charges do not resolve voluntarily, and attend the hearing to present your student's evidence and challenge the school's evidence as hearing rules permit;
- research, draft, file, and argue appeals if your student suffers an adverse decision;
- pursue alternative special relief with the school district's general counsel office or other oversight channel, even if your student has lost all hearings and appeals; and
- consider court challenges if necessary as administrative procedures and other rules and law permit.
Premier Student Defense Attorneys in Illinois
Retain the Lento Law Firm's premier Student Defense Team if your student faces off-campus misconduct allegations at your student's elementary, middle, or high school in Chicago, Evanston, Naperville, Arlington Heights, Wheaton, or another Illinois city or town anywhere in the state. Our attorneys have helped hundreds of elementary and secondary school students nationwide defend and defeat misconduct charges of all kinds, including those based on off-campus misconduct. Call 888.535.3686 now to tell us about your case, or complete this contact form.
