Rutgers University-Camden
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Can Schools Punish Students for Social Media Posts? The Mahanoy Standard
A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]
State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct
The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]
Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights
Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]
Stopping Expulsions in California: Secondary Findings a Potent Defense
It’s the phone call that every parent dreads: your child has allegedly committed a serious offense at school and is facing the possibility of expulsion. Expulsion is a serious and lasting mark on a student’s record. However, California law requires that schools meet a very high standard before expelling students […]