High school is a crucial time for the development of a young person. These are the years that build a person's character, shape their personality and tastes, and inform who they will become going forward. Most importantly, though, there are the years when the most important decisions about what a person wants, who they are, and what they stand for are made.
Where a person ends up in life should only depend on their personal choices and their own personal aptitudes, but that is sadly not always the case. Decisions made in high school can have lasting consequences for students – and rigid disciplinary policies, instead of policies meant to help and support students, can further complicate a student's growth.
In cases when students are falsely accused or subjected to penalties they don't deserve, those kinds of policies can even leave emotional and physiological scars that affect students long after they leave high school. Below, we will discuss the multiple challenges high school students can face, from cheating accusations to allegations of sexual misconduct. The important thing to remember as you read through all the information is that whatever you and your child are going through, the Lento Law Firm is here to help.
Our Student Defense Team is focused on making sure all students get the chance to earn an education in the best environment possible and that they are protected by policies that put students first. We understand the law regarding education. We know how the Connecticut education system works. And we will use all that we know to help sure your child succeeds.
Contact the Lento Law Firm now at 888-535-3686 or visit us online and schedule a consultation today.
The Connecticut Educational System
For every parent and child in the Connecticut educational system, it's important to understand how the system that governs them works. In general, Connecticut lets schools set their own rules when it comes to discipline, but there are limitations to those rules, as follows:
- Schools must follow the existing legal framework. That means that although schools can set their own policies, they have to follow state and federal law in all matters. They must also respect the existing laws when it comes to the acceptable reasons for suspension and expulsion, as well as adhere to guidelines of due process and general limitations on disciplinary actions.
- Local Boards of Education have the authority to establish disciplinary policies for each of their districts, with schools in those districts must then follow. Those policies must comply with the law but can include additional details that are tailored to each specific district and their needs.
- Specific schools can then establish their own rules that exist within the framework already provided by the laws and the disciplinary policies established by the local Board. Those rules can tackle issues that each specific school considers important.
The best way to make sure you know what rights and responsibilities are is to make sure to consult your school district's specific policies. However, we can provide an overview of the most common offenses and misconducts that every school district uses.
Academic Misconduct
If there's one thing schools want to avoid, it's a reputation for cheating. All Connecticut schools, therefore, have strict rules that penalize academic misconduct. The Hotchkiss School, for example, has an Academic Integrity Policy. Meanwhile, Greenwich High School has an Academic Integrity Procedure. These are pretty much the standard across schools in the area.
But what is it that these rules are trying to protect against? Academic misconduct usually falls under the umbrella of these conducts:
- Cheating: The use of any resources that are not authorized by the school to complete the coursework would be considered cheating. Textbooks, cheat sheets, the internet, or even other people can be considered unauthorized unless these resources have been specifically allowed by the instructor for the specific coursework.
- Plagiarism: The attempt to pass another person's specific work or ideas as your own is considered plagiarism. Plagiarism can go from the accidental – dropping a quote into a paper without the proper citation to trying to take credit for someone else's work.
- Misrepresentation: Any sort of conduct that tries to present something that isn't yours as your own would qualify as misrepresentation, for example, presenting someone else's work as your own or making up sources.
Teachers are primarily responsible for policing academic misconduct in schools. They are, after all, often the ones who are best equipped to spot it, as they are the ones looking through assignments. But that also means that, as part of the authority they have over their students, teachers become, in a way, the only authority as to whether a misconduct has occurred or not. They are, in some ways, judges, juries, and executioners in these matters.
In the case of academic misconduct, the sanctions are usually in the in-classroom. A teacher might choose to make a student re-write the assignment or give a lower grade on the specific assignment or on the course. These types of sanctions are usually not even contested because most students – and parents – typically consider it's better to just not fight it. It feels easier, even if a student hasn't done anything too wrong, to just redo an assignment than to go through the trouble of fighting with the teacher or the school.
However, all disciplinary actions matter in the long run. Even a warning about academic misconduct could end up impacting a student's academic future, particularly if it ends up in that student's permanent record. That's why it's important to never just accept disciplinary action at school.
Generally, sanctions like suspension or expulsion are reserved for much more serious offenses and require the involvement of school administrators as well as a thorough investigation. But you don't have to wait for the sanctions to reach this level before taking action. The most important thing is to keep the lines of communication open. Often, the sanctions assigned by teachers and school administrators are too severe and don't take into account what's best for the student.
If you or your child has been falsely accused or is facing disciplinary action, the Lento Law Firm Student Defense Team can help. We can negotiate with the school, make sure your child's record is clean, or defend them at a formal hearing if needed. We are here to make sure your child can have the best possible chance at a successful future.
Non-academic Misconduct
While academic misconduct has to do with classwork, non-academic misconduct typically relates to stuff that might happen in the classroom, but that isn't related to the classwork. It can include injury to others, damage to property, or disruption of school property, among others.
Just as when it comes to academic misconduct, the rules will be different for every school. Danbury High School, for example, has specific rules about Bullying and Harassment in their Student Handbook but nothing on weapons. Waterford High School, meanwhile, mentions both things in its Student Handbook. But some prohibitions are pretty universal, and among them we can find:
- Violence: Every school has a policy against violence, and this is a matter that, when escalated, schools will quickly involve law enforcement, and students might be subject to prosecution under Connecticut's assault and battery laws.
- Substance Abuse: Every Connecticut school also bars drug sale, possession, distribution, and usage, as well as alcohol possession and intoxication. This includes marijuana. While recreational marijuana use is legal in the state of Connecticut, there are laws regarding the use by minors.
- Weapons: Connecticut law prohibits weapons on school property unless carried by authorized personnel and imposes a uniform discipline policy for students who bring firearms, deadly weapons, dangerous instruments, or martial arts weapons to school or off-campus school activities. Students who are found to be in violation face not only disciplinary action but are subject to criminal prosecution as well.
- Bullying: According to Connecticut law, Bullying is defined as “an act that is direct or indirect and severe, persistent or pervasive, which (A) causes physical or emotional harm to an individual, (B) places an individual in reasonable fear of physical or emotional harm, or (C) infringes on the rights or opportunities of an individual at school.” Connecticut anti-bullying laws prohibit bullying based on any actual or perceived differentiating characteristic. The law states that schools must have policies with clear procedures and sanctions.
These are the biggest non-academic prohibitions, but most schools will also have a general misconduct policy, which will focus on all kinds of offenses that might differ greatly depending on the school. Typically, if it harms the school or another student or disrupts classes, it might be enough to be considered.
In this regard, it is important to be vigilant because school discipline is still a matter of perception for teachers and school administrators alike, and they are human and make mistakes. It's important for parents and students alike to understand their rights and responsibilities and to be aware of what they should and should not accept when it comes to disciplinary actions. The Lento Law Firm Student Defense Team is always on your side and ready to advise you when it comes to navigating the often too-complicated world of high school bureaucracy. We will be your allies in making sure your child can have the future they deserve.
Sexual Misconduct
Perhaps the most serious allegation a student can face is that of sexual misconduct. Each school has its own policy on how to handle sexually based offenses, but in this regard, they are all subject to federal law under Title IX, though Connecticut also has a specific anti-discrimination law. Sexual misconduct can range from verbal misconduct to inappropriate touching, forced kissing, stalking, discrimination based on gender, sex, and sexual orientation, to dating violence and rape.
Title IX does not provide for criminal prosecution, but it does require schools to investigate every credible complaint, mandate how investigations proceed, and set standards for sanctions such as suspensions and expulsion.
What qualifies as sexual misconduct under Title IX can be hard to navigate, as most behaviors – sometimes ranging from verbal harassment – will at least trigger investigations. Since schools must follow federally mandated procedures, any case that involves sexual misconduct is definitely the kind of case you should not try to handle on your own.
The Lento Law Firm Student Defense Team can help you navigate these types of complicated cases that often come down to which side is more believable. You don't have to fight alone.
Academic Progression
Students don't just need someone by their side when it comes to strictly discipline-related issues. Sometimes, students need someone by their side the most when it comes to issues like academic progression. Traditionally, teachers have not been the best advocates for students, particularly students they don't understand because they don't conform to the standards teachers expect or follow the rules teachers set out for them in the exact way the school requires of them.
Schooling has come a long way in the past few decades, however, and we are closer to understanding that grades aren't the only measure of a student's academic ability. Often, a student's performance can be tied to a whole host of factors that have nothing to do with a student's intelligence or even their desire to learn.
Today, we understand more than ever that a student's socioeconomic background can play an important role in their performance and that the teachers themselves can also affect how well a student performs. If a teacher has no interest in helping a student because they don't believe a student can do it or because they believe the student has no interest, then that teacher will not be an ally in helping a student.
Similarly, if the way the teacher of the school reacts to a student's shortcomings is with disciplinary actions, that might make the student even less willing to put in the work necessary to improve.
Most schools are equipped to understand these nuances, but it never hurts to have someone in your corner to fight for your child when it comes to how your school views and evaluates them. As a parent, it is your job to protect your child and ensure they have the best future possible, and that chance starts in high school. In today's competitive environment, their high school transcript can mean a great deal going forward.
The Lento Law Firm Student Defense Team can help make sure:
- Your child is always treated and evaluated fairly in the classroom
- Your child's teacher is employing strategies that take into account different learning styles and adjusting accordingly to make sure different students can learn at their own pace.
- Your child's teacher is aware that outside forces can affect learning and not punish children for how those outside forces affect their day-to-day.
- Your child's teacher is being fair and unbiased at all times
- Your child is being given the best opportunity to succeed
If you feel like any of these things are not happening, it is best to act right away. The Lento Law Firm Student Defense Team can also be there to advocate before school administrators and officials and to make sure you and your child are given the best treatment possible.
Sanctions
As with other aspects relating to discipline, sanctions will differ depending on school policies. But there are some sanctions that are more or less universal across schools:
- Detention
- Extra Assignments
- Counseling
- Suspension
- Expulsion
It is important to always respond to all sanctions. Often, students don't communicate sanctions to parents or think they can handle things by themselves, but the truth is that teachers can sometimes go overboard with sanctions. And when they do, these sanctions can sometimes have a damaging effect on a student's record.
The best thing to do is make sure every student understands that no type of punishment has to just be accepted. Sometimes, teachers and even school administrators go overboard with sanctions, and it is important that students understand that they can question authority in a respectful manner and reach out to their parents when they feel like they aren't being listened to or respected and that their parents will have their backs.
Something like this is especially important if the type of punishment that is being dealt with crosses the line into physical violence. All forms of corporal punishment are prohibited in Connecticut. That means that if anyone at your child's school is crossing the line into physical violence as a means of punishment, they are subject to charges of assault and can also be held liable in a civil court.
But discipline doesn't need to go to these extremes to be problematic. Exclusionary discipline, like suspension or expulsion, has been proven to have negative effects on a child's development. Removing a child from an environment they feel comfortable in and from the peers they know and placing them in another group as a form of punishment only reinforces the idea of children as a “problem.”
That, of course, doesn't mean these steps cannot be taken – but Connecticut law restricts the use to extreme cases. Furthermore, for any expulsion to take place in Connecticut, there must be a formal hearing, and the parents must be notified at least five business days before. That means there are chances to fight against these drastic measures.
Cases in which the law allows a suspension or expulsion are when the student has committed acts of violence, threats of violence, theft, has been found in possession of a controlled substance or a firearm, or has committed sexual assault, among others.
Furthermore, the law requires schools in Connecticut to expel students for what it calls “especially dangerous acts,” like:
- Firearm possession
- Deadly weapon possession
- Dangerous instrument possession
- Martial arts weapon possession
- Firearm possession outside of the home or person's place of business without a permit
- Possession and use of a firearm, deadly weapon, dangerous instrument, or martial arts weapon in the commission of a crime under the Connecticut Penal Code
- Sale or distribution of drugs that would be subject to criminal penalties
This is all important information to have as a parent because it's likely that, at some point, you will have to contend with the question of how high school discipline intersects with your child's right to an education. In that regard, it's important to note that your child has a right to a free public education, and the state must provide you with the resources to provide your child with that education. Disciplinary placement should not be the first option for your child, and you don't have to accept it if it is suggested.
Disciplinary sanctions can have a big impact on a child's education and well-being. Make sure your child is being treated fairly, and contact the Lento Law Firm before accepting any type of disciplinary sanction.
Defending Your Child
As a parent, you are prepared to defend your child against anything and everything. But you also hope you never have to. You want to believe you have brought them into a world that will be kind and accept them and love them. That is not always the case, however, and the job of parents is to defend their children.
How you defend them, however, can sometimes depend on the nature of the allegations against them. In the case of Title IX sexual misconduct cases, federal law dictates how the investigations and adjudications occur. When it comes to less serious charges, like academic misconduct, for example, there might not be any formal procedures in place.
In the end, though, there should always be an investigation and a hearing. In cases where the school is pursuing suspension or expulsion, there will always be one, but even if that isn't the intention of the school, you can request these, and you should expect a response from them so they can prove that their actions are warranted. A formal hearing will give you a chance to present evidence, call witnesses, and cross-examine any witnesses brought against you.
As part of this process, you have a right to legal representation. That means the Lento Law Firm can be by your side and handle every aspect of the case.
But a formal hearing isn't always the best response, and that is why it's always best to have the Lento Law Firm Student Defense Team there with you. In fact, in most cases, disciplinary matters are best addressed directly with the child's teacher or with the school administrators. If necessary, the case could even be escalated to the local school board.
In some cases, it might be necessary to take the matter further. You can, for instance, appeal to
The Connecticut State Department of Education
The United States Department of Education
With all these options at your disposal, it might be hard sometimes to know what the best course of action for you and your child is. The Lento Law Firm Student Defense Team is here to help. We have worked with hundreds of students and their families through the complex matters of high school discipline. We will be with you every step of the way to advise, explain, support, asses and recommend the best course of action that ensures your child can have the future they deserve.
Why Do You Need an Attorney?
The law gives you the tools, but is that enough? It would be very nice if it were. We all wish we lived in a world where people automatically followed every rule and no one ever judged anyone or unfairly punished anyone. But the truth of the matter is that the way of the world is different. And public schools, like many other institutions, have good intentions but are often inherently flawed.
Every child needs a voice to speak up for them and make sure that they are always being put first. Someone who can hold teachers and school administrators accountable and make sure they are not just following the law but giving your child the best opportunity to succeed.
Making sure your child is treated fairly won't always be easy. There are procedures in place for dealing with most incidents, but with a system in place that tends to default to the worst-case scenario, the truth is that most teachers and administrators might not consider the harshest disciplinary actions first. That is why having the Lento Law Firm on your side can help.
We can help with informal negotiations with both teachers and administrators and remind them not just of their responsibilities but of their duty to give children the benefit of the doubt. We can also speak on your behalf during investigations and make sure investigators consider all the evidence.
In the case of a hearing, we can prepare a strategy, organize evidence, develop questions for witnesses, and present a full defense.
Most importantly, we can be there for you and for your child during every step of the process. That means advising you on when it's best to negotiate when to request a formal hearing, and what to say in each of these moments.
Why Do You Need the Lento Law Firm?
Student defenses are very particular cases that involve different issues and standards than the ones that would normally be seen in a courtroom. They require a team that is very familiar not just with the legislation but also with the school policies and the bureaucracy surrounding the Connecticut school system.
This isn't just about understanding issues of federal law, Title IX, First Amendment, and Civil Rights legislation; it's also about understanding what the standards are and how to prepare a case in accordance with them. In a court of law, for example, cases are typically decided using a “beyond a reasonable doubt” standard, which means the evidence must be so convincing that no reasonable person could have any doubt about the defendant's guilt. School cases, however, are decided using a lesser standard known as “preponderance of evidence.” This standard means that a student can be found responsible if the person making the decision is more than fifty percent convinced of their guilt.
The Lento Law Firm Student Defense Team has ample experience in these types of cases across the country, particularly in Connecticut. We can navigate these standards, we can advise you how to do so, and we can prepare a case that will help you and your child get the best outcome possible. Local criminal and family attorneys aren't familiar with what's required when a student needs defending. The Lento Law Firm is.
We can be at your side every step of the way and make sure you and your child can face any disciplinary issues without fear of them derailing your child's future.
Other issues
The Lento Law Firm can help you when it comes to any disciplinary issues your child is facing, but your background and experience mean we can also help you handle other education issues Connecticut students face.
- Disability Issues: Students with disabilities, particularly those with learning disabilities, have special rights under federal law and Connecticut state law. If your school isn't supporting your child's needs, we can help make sure they make the necessary accommodations.
- Bullying Issues: If your child has been a victim of bullying, we can make sure the school intervenes and is held responsible if they fail to respond appropriately.
- College Students Issues: The Lento Law Firm Student Defense Team doesn't just represent K-12 students. We also represent college students. If your child is facing disciplinary action from their college or university, we can also help defend them.
The Lento Law Firm Is Always on Your Side
The Lento Law Firm understands that schools and school districts might have the best interest of students at heart, but sometimes they make mistakes. Our job is to protect students when those mistakes happen and to make sure that those mistakes don't cost a student their future.
At the Lento Law Firm, we believe every student deserves the best education possible and fair treatment. We know the law. We know how the Connecticut educational system works. We know how the individual school districts in the state work. And we know how to put that knowledge into practice to help students protect themselves.
If your child is facing unfair disciplinary action, the Lento Law Firm Student Defense Team can help. Contact us at 888-535-3686 or visit us online to book a consultation today.
