Off-Campus Misconduct and K-12 Discipline - Oregon

Schools throughout the state of Oregon all have student behavior policies that might look a bit different. Most of them do have one thing in common, however. If students take part in unapproved, off-campus behavior, it could lead to trouble with the school.

It doesn't seem fair that school administrators can punish students for things that happen outside of school. Often, they use the reasoning that what happens off-campus can still have substantial consequences for students and staff at school. What Oregon schools consider “off-campus misconduct” can include several things. It may be a controversial post on social media that all the other students see and respond to. One parent may allege that your child got into a fight with their child at a weekend slumber party. No matter what the allegation is, school officials have been known to take an interest in students' behavior off-campus. When they do, it can result in disciplinary actions like suspension, detention, or academic penalties.

Unfortunately, school officials tend to administer this type of discipline swiftly and without warning. Kids may find themselves suspended without so much as an explanation or a chance to give their side of the story. As a parent, punishment for your child's off-campus behavior can come as a surprise too. You may not know the best way to protect your student from unjust punishment or be able to hold the school to account and ensure it follows due process procedures.

The Student Defense Team at the Lento Law Firm can help families whose kids have been slapped with an “off-campus misconduct” penalty. Even a minor disciplinary action can take its toll on K-12 students, so it's vital that you try as much as possible to prevent this punishment from happening. Call our team at 888-535-3686 or reach out using our contact form. We can help guide you and your child toward a favorable outcome.

Examples of Off-Campus Misconduct and School Responses in Oregon

Since off-campus misconduct could be any type of misbehavior that occurs away from school, schools have pretty wide liberty when it comes to classifying incidents as misconduct. These incidents can be broken up into one of three categories: Misconduct unrelated to school, misconduct tangentially related to school, and misconduct directly related to school.

Misconduct Unrelated to School

Activities that are unrelated to school could be shoplifting or auto theft, property damage (not school property), vandalism, tagging buildings with graffiti, distributing drugs or alcohol, or other similar crimes.

The Salem-Keizer School District in Salem states that the student conduct process applies to behavior off school premises if the behavior occurred during normal school hours. The policy provides the example of distributing drugs or getting into a fight at a park near the school during normal school hours.

Misconduct Tangentially Related to School

Behavior that is somewhat related to school could include derogatory or racially insensitive social media posts or any public or private communication mocking a marginalized community. Most schools consider this type of behavior tangentially related because although it doesn't happen at school, it's still at odds with the school's behavior policy.

The Gresham-Barlow School District in Gresham, for example, clearly states that students are subject to discipline for conduct while off campus if that conduct “causes a substantial and material disruption of the educational environment or the invasion of rights of others.”

Misconduct Directly Related to School

Misconduct that occurs off-campus but that directly involves other students or teachers usually receives swift action from school administrators. Some examples are cyberbullying classmates, sending teachers threatening anonymous emails, or defaming the school on social media. Another example might be students hazing other students or forcing them to participate in activities that adversely affect mental or physical health.

In the Parkrose school district in Portland, cyberbullying, harassment, and hazing are all prohibited. Any student who is accused of taking these actions against another student or member of the school community, even if it's not on school grounds, could end up with a severe disciplinary violation.

In all of the above examples, schools, and districts feel it's their job to regulate student behavior and punish them for misconduct. As a parent, you might find these disciplinary actions misplaced or disproportionate to your child's behavior. Your child may have even been falsely accused. Whatever discipline your student faces during their K-12 education can have a substantial effect on their future as well.

How Oregon Schools Handle Off-Campus Misconduct

Policies concerning student behavior outside of school vary from one district to the next. Often, responses to student off-campus behavior are tailored to the specific situation. Below are some examples of how Oregon schools might respond to misbehavior away from school.

  • Behavior unrelated to school: If your child is accused of misconduct outside of school, such as shoplifting from a local store or participating in gang activities, the school may provide counseling and training as a response. For example, Parkrose School District provides assistance or programming to students identified as being in a gang. The goal is to educate the student on the harm that gangs pose and encourage interest and participation in other activities or authorized school organizations.
  • Behavior tangentially related to school: For alleged misbehavior that is somewhat related to school, the administration might take a more assertive stance. If a student disseminates derogatory remarks online, the school might argue that it impacts the overall atmosphere at school. The rest of the student body could be affected by those remarks. The school would likely recommend counseling or may even suspend the student.
  • Behavior directly related to school: School administrators take behavior directly related to school very seriously. If your child is involved in a physical altercation outside of school or threatens another student via digital communication, they could face long-term suspension or even expulsion.

These punishments aren't simply part of the “typical school experience.” Yes, kids get in trouble. But having to spend time away from teachers, peers, and classes for a suspension or expulsion can have disastrous consequences for students. Also, keep in mind that schools aren't institutions of law; they don't have checks and balances to keep discipline fair as the legal system does. Disciplinary action can happen quickly and may not always include an investigation or the opportunity for your child to defend themselves.

If you think your child is facing penalties for alleged off-campus violations, you should contact the Student Defense Team at the Lento Law Firm.

The Effects of School Discipline on K-12 Students

Why should you and your student take school discipline so seriously? The punishment a child faces during their formative K-12 years can have a tremendous impact on their development and their future. There are always immediate, short-term, and long-term effects of school discipline.

Immediate Impacts

The initial impact of an off-campus misconduct penalty is felt right after the discipline is administered. If the school feels the student's behavior is dangerous or risky for others, it may even take action the same day. The immediate effects of a misconduct penalty can be anger, frustration, or even shock—for both you and your child. As soon as you learn about potential penalties for your child, you should contact the Lento Law Firm's Student Defense Team.

Short-Term Impacts

In the weeks or months after the punishment, your student may find that they've fallen behind in school. If your child was suspended, even for a few days, it can be difficult for them to keep up with their assignments or make up important tests they might have missed. If your child's suspension included a ban on extracurricular activities, then they also miss out on time spent with peers and classmates or critical community-building events. Misconduct penalties make their academic performance suffer, as well as their social and emotional development.

Long-Term Impacts

Long-term consequences of school discipline last far beyond the end of the school year. Serious penalties like suspension or expulsion stay on a student's academic record permanently. It could jeopardize your child's chances of getting into their dream school or hinder opportunities for scholarships to pay for college. If your family relocates and you want to enroll your child in a new school, it may be more difficult if the new school looks at your child's disciplinary history.

You want to ensure that your child doesn't have to face any of these difficulties during their K-12 education. If they get accused of off-campus misconduct and risk a penalty that can severely impact their future, you should call our Student Defense Team for help. At the Lento Law Firm, we help students and their families go through the school disciplinary process for all kinds of situations, including alleged off-campus misconduct. We can help open a dialogue with the school, guide you on which actions to take, and help protect your child's reputation.

We Can Help You Through the Disciplinary Process

If you aren't sure how to handle your child's disciplinary problem at school or what the best thing is to defend their rights, the Lento Law Firm can help. You and your child can't afford to handle it poorly or simply ignore it. Fortunately, our Student Defense Team can guide you through each step of the process.

Assistance with School Rules and Regulations

Before you can take action, it helps to fully understand the charges against your child. There should be grounds for the school's actions in the student or district handbook. You shouldn't let the school hand out punishment as severe as suspension without telling you exactly what the charges are and where they can be found in the handbook. We can help you comb through the school's and district's policies concerning student behavior and discipline to ensure the school is following all the proper rules when it comes to discipline.

Staying Informed

As soon as you learn about an investigation involving your student and possible off-campus misconduct, you should do your utmost to stay informed. We can help you keep on top of developments in your student's case, and we'll even conduct our own independent investigation of the matter so you don't have to rely solely on the school's findings. We can also help you prepare for upcoming meetings with school administrators, so you know what to expect and how to respond to questions.

Other things our team can assist with include:

  • Gathering evidence or speaking to witnesses concerning your student's alleged behavior
  • Negotiating with school administrators early on in the process to facilitate discussions and reach a favorable solution sooner
  • Helping you draft and submit appeals if necessary
  • Providing you with counsel on the best actions to take for your situation

The Lento Law Firm Is Ready to Help Your Family

It's not easy to navigate the world of school discipline, especially when Oregon schools all have different standards. It can be even more difficult when the school starts sanctioning students for behavior that seemingly falls outside their jurisdiction. If you feel your student is being unjustly penalized, you should call the Student Defense Team at the Lento Law Firm.

Whether you're dealing with an incident in Portland, Salem, or another city in Oregon, it helps to be prepared for your child's disciplinary process. Ignoring the matter or simply waiting for it to go away will only hurt your child's education in the long run. At the Lento Law Firm, we can help your family be proactive and work to protect your child's rights at school.

We'll ensure you and your child are informed and receive the best guidance from our Student Defense Team throughout the entire process. With our help, you can stand up for your student and prevent the school from trampling on their rights. Call us today at 888-535-3686 to learn more or fill out our contact form, and a team member will reach out to you.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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