Colleges, universities, and high schools in Maryland have the right to establish codes of conduct and expect their students to adhere to them. Yet, in formulating these policies, some institutions overlook the rights of students with disabilities. This oversight can lead to students experiencing unjust disciplinary procedures.
Challenging a misconduct accusation from an educational institution is daunting enough on equal footing. The situation becomes even more imbalanced when the institution fails to provide necessary accommodations for students with disabilities, tipping the scales even more in favor of the institution. While these educational entities are entitled to enforce discipline, they also bear the responsibility to ensure equitable treatment for all students. Policies that neglect the requirements of students with disabilities are detrimental to the student body as a whole.
If you're a university student or a parent of a high school student facing a conduct violation charge and believe it relates to a disability, you should reach out to the Lento Law Firm's Student Defense Team. We help students with disabilities throughout Maryland and across the country, and we can help build a strong defense for your case. Call 888-535-3686 or fill out our contact form with your information.
The Disciplinary Process for College Students with Disabilities in Maryland
As a college or high student with a disability, you can still be punished by your school's normal disciplinary procedures. However, your school is obligated to provide accommodations for your disability during your time as a student—including during any disciplinary actions.
Should you face any form of misconduct allegations—be it academic dishonesty, breaches of the student conduct code, or Title IX violations—and your school has already recognized your disability, you have a right to request accommodations during the hearing or meetings with school officials.
Examples of Accommodations for College Students During Disciplinary Procedures
- Having an assistant or counselor present with you to help you during the hearing
- Asking school officials to hold meetings or hearings in a room that doesn't cause distraction or distress
- Pausing the hearing briefly if it becomes too stressful for you to deal with
- Asking the disciplinary committee or school officials to leave the room for a few minutes so you can take some time to prepare yourself to continue
If you haven't notified your college or university about your disability, you can still ask your school's disability support services for help after you've been accused of misconduct. You should speak to someone from this office as soon as possible.
College Academic Misconduct and Students with Disabilities in Maryland
In Maryland, there are more than 10,000 college students who are registered with disability services at their schools. College students must self-identify as having a disability in order to access accommodations at the higher education level. However, data from the Maryland Higher Education Commission (MHEC) shows that less than one-third of students who identified as having a disability in K-12 go on to self-identify as such in post-secondary education. While Maryland's colleges and universities are subject to the federal Americans with Disabilities Act (ADA) as well as state laws, it's clear that not every student who needs accommodations is getting them.
This matter becomes even trickier when it comes to academic integrity. Institutions must maintain high standards of academic conduct but also provide disability accommodation. Unfortunately, many schools fall short and don't provide equal treatment to students with disabilities when it comes to misconduct. A student who has requested an accommodation for their coursework may be accused of cheating by a professor who is unaware of the situation.
Some common examples of reasonable accommodations concerning academics and coursework are:
- Letting students record lectures
- Additional time to complete in-class assignments or exams
- Receiving a copy of the professor's lecture notes or outline
- Reader, scribe, or word processor for exams
- Oral rather than written exam
- Calculator for exams
- Exam rooms with fewer distractions
- Grammar and spelling-assist devices for essay exams
Ultimately, it's up to you as a student to understand what your school's academic dishonesty policies are and to ask for the accommodations you need. If you have any doubts about your coursework and think you might need modifications or assistance, you should speak with your campus disability services office right away. The sooner your university knows about your disability, the less likely you are to be accused of cheating. If you do get accused of violating your university's academic misconduct policy and feel it's related to your disability, you should let your school's disability services know as soon as you can so you can ask for assistance with the disciplinary process, and contact our offices for representation. It is much easier for us to help you when we are involved from the very beginning.
Sexual Misconduct and College Students with Disabilities in Maryland
Colleges and universities take sexual misconduct claims very seriously. However, when these cases aren't handled how they should be, it's detrimental to everyone involved. If your school doesn't provide you with accommodations during the disciplinary process, it could lead to an unfair decision. Unfortunately, schools sometimes prioritize sexual misconduct rules over individual students' disability rights. It's unjust, as students with disabilities generally make up a higher percentage of both victims of sexual misconduct and those falsely accused.
To be clear, schools have a legal obligation to offer accommodations to students with disabilities—including in the disciplinary process. It's just that some schools fall short on implementation. The schools that do consider students with disabilities in crafting their policies might have some of the following accommodations:
- Listing campus accessibility services as a sexual misconduct resource
- Facilitating dialogue between sexual misconduct officers and disability service offices
- Explicitly stating that disability accommodations are available in the sexual misconduct policy
- Offering assistance to accused students initially after the complaint
- Allowing a student to confirm their disability with medical documentation
The University of Maryland, for example, allows students to have a “support person” to assist them during their sexual misconduct hearings. It also mentions in its sexual misconduct policy that accommodations are possible by contacting the university's Accessibility and Disability Service. Students must, however, request accommodations at least seven days prior to the hearing.
If you are a student with a disability dealing with a disciplinary matter at your Maryland college or university, you should contact the Lento Law Firm for help. We assist students all over the country in crafting defenses for all kinds of misconduct allegations. We work with students who have disabilities as well, so we understand fully the pressure you're under and how overwhelmed you must feel after being accused of wrongdoing by your school.
The Disciplinary Process for High School Students with Disabilities in Maryland
In high school, the disciplinary process is a bit stricter for students with disabilities than at the college level. Students with disabilities at the K-12 level in Maryland are likely to have an Individualized Education Plan (IEP), and this plan dictates how severe disciplinary measures can be carried out against students with identified disabilities. For major offenses, the disciplinary process is a manifestation determination. For smaller offenses that warrant lesser penalties, like a written warning, assignment do-over, or detention, the process is usually the same as for students without disabilities.
Manifestation Determinations in Maryland
Under Section 504 of the federal Rehabilitation Act of 1973—a law that protects the rights of individuals with disabilities—high schools may not discriminate against students with disabilities during disciplinary procedures.
Before a high school student can be expelled, the school must formally evaluate whether the student's problematic behavior was due to their disability. This evaluation is called a manifestation determination, and it also applies to suspensions for more than 10 days or repeated suspensions of less than 10 days.
At the manifestation determination, the child's IEP team must meet to discuss the child's behavior and potential discipline. Some Maryland rules concerning this meeting are:
- The IEP team must meet within 10 days of the disciplinary decision.
- If the removal is warranted, the IEP must decide which services are needed to accommodate the student during their removal.
- If the removal is unwarranted, the IEP team must prove either the behavior had a substantial relationship with the student's disability or was a direct result of the school's failure to implement the IEP.
- The IEP team reviews the student's file, teacher observations, information supplied by parents, and the student's IEP when deciding manifestation determination cases.
Parental Rights
As a parent, you also have the right to know if your child has been removed from their current placement in school for a code of student conduct violation. The school must notify you the day of the decision, and provide you with a copy of the procedures.
You also have the right to file a due process complaint if you disagree with:
- Your child's disciplinary removal
- The determination of whether your child's behavior was a manifestation of their disability
- The interim alternative education setting your student has been placed in
Academic Misconduct and High School Students with Disabilities in Maryland
Most high schools in Maryland have an academic honesty or anti-plagiarism policy that prohibits cheating, bribery, or unauthorized assistance on schoolwork. These policies are meant to keep the learning environment fair and ensure that no students have any unfair advantages over others. All students must follow these rules and can be punished if they don't—including students with disabilities.
Unfortunately, most high school academic misconduct manuals don't mention what happens when the accused student has a recognized disability. As the penalties for academic misconduct typically don't include removing the student from school, the manifestation determination doesn't apply. That leaves it in a sort of gray area. While some districts may have a policy concerning academic misconduct and students with disabilities, individual schools in the district usually don't.
For example, the Montgomery County Public Schools student handbook mentions academic dishonesty and the appropriate punishment for it, but doesn't mention students with disabilities and academic misconduct. The student handbook for the biggest high school in the Montgomery County district, Blair High School, also doesn't mention students with disabilities in its honor code or discipline policy.
Typically, the punishments for academic dishonesty are handled by classroom teachers as they're usually the most familiar with the situation. Some schools give teachers wide authority to carry out penalties like assignment do-overs or failing grades. Montgomery County Public Schools allows teachers to give out zero grades as a penalty for academic dishonesty.
If your child's disability has been recognized by their school but they still get accused of cheating, plagiarism, or another unauthorized action, you can take action. You don't simply have to accept the teacher's decision concerning your child's punishment. At the Lento Law Firm, we help students and families just like you defend their rights. Your child has the right to a fair and equitable education, and if they get accused of and punished for academic misconduct because of their disability, they aren't getting the education they deserve.
Defense for Students with Disabilities in Maryland
Facing misconduct allegations from your college, university, or high school can be stressful. If you're unfamiliar with the formal disciplinary proceedings that educational institutions follow, you likely don't know how quickly the situation can escalate.
Having the Student Defense Team at the Lento Law Firm by your side provides you with the necessary support to defend yourself and ensure your school is held accountable. For students with disabilities, it's important to remember that you have specific rights regarding your education, and if your institution fails to uphold them, you can challenge their actions. We can guide you in identifying the most effective strategy and in crafting your defense.
The Lento Law Firm has successfully assisted numerous students nationwide in resolving misconduct disputes with their educational institutions. To safeguard your educational rights, reach out to the Lento Law Firm today at 888-535-3686 or submit your case info in our online form; a member of our team will get back to you.
