Whether at the university or kindergarten level, Ohio schools have the right to develop and implement rules and policies that maintain a safe and effective learning environment. This includes establishing disciplinary procedures for students who engage in various forms of academic, behavioral, or sexual misconduct. While there's little to no controversy over this idea, things get a bit more complicated if a student is accused of misconduct and faces punishment because of an unfair disciplinary process.
This risk of unfairness while disciplining a student becomes greater when the accused has a disability. Depending on the facts surrounding the allegations, this disability could make a big difference in disciplinary procedures used, whether the student is found to be responsible for their misconduct, and what their potential punishment could be.
If you're a student with a disability or the parent of a child with a disability who has been accused of sexual, academic, or other types of misconduct, you should contact the Lento Law Firm Student Defense Team. Our national special education attorneys can help ensure you or your child's legal rights are protected during the student discipline process and when interacting with the school's office of general counsel. You can call us at 888-535-3686 or use our online contact form.
The Disciplinary Process for College Students with Disabilities in Ohio
Disability or no disability, if you're a university or college student in Ohio, you should expect to be treated fairly, just like any other student at your school. This means that you'll have to follow the same rules and be subject to disciplinary action if you violate those rules. It also means you have due process rights, which provide you with an opportunity to learn about the assertions others have made against you and the chance to present any defenses to those allegations.
When exercising these rights, there are special circumstances that could result in your disability changing how your disciplinary process goes. These adjustments could show up in two ways.
First, you may be eligible for special accommodations during the investigation and hearing phases of the disciplinary process. The following is a list of potential ways in which you could receive an accommodation:
- You might have an assistant, advisor, family member, or other trusted individual physically present during any disciplinary hearings or meetings.
- A proceeding could be moved to a different location to reduce any stimuli that could add to your stress or anxiety.
- The investigator or disciplinary committee could grant additional time to respond to questions or make statements, whether written or oral.
- You might have the option of presenting alternative forms of evidence, such as a pre-recorded or written statement instead of presenting live testimony.
- During a hearing, you might have the right to pause the proceeding if you feel too overwhelmed.
This isn't an exhaustive list or a guarantee of what you could receive, but they should give you a rough idea of what accommodations you could potentially request. The resources of your school, the allegations against you, and the nature of your disability will largely determine if you can receive any accommodations during the disciplinary process and what those accommodations could be.
Second, having a disability could affect how your school determines your level of responsibility, if any. For example, take an allegation of sexual misconduct against a student who is on the autism spectrum. Your accuser might have said the sexual encounter you had with them was improper because they didn't give you consent. But if your autism makes it much harder for you to understand social cues and indirect or non-verbal communication, a disciplinary committee might consider that when deciding if you're responsible for the allegations made against you.
By way of another example, imagine you have a class that requires you to complete a final exam. This is a take-home exam that you have two hours to complete. You have been diagnosed with dyslexia, although you never told anyone at your school about your diagnosis.
You complete this exam, but your professor learns that you took two hours and 15 minutes to complete it. Because you took extra time for the exam, your professor submitted a complaint against you to the dean of academic affairs for academic dishonesty. Let's also assume that if your academic advisor, the dean of student services, or other appropriate individual or department knew about your dyslexia, you would have received an additional 30 minutes to take that test.
In both of these scenarios, your disability had a direct impact on your level of responsibility concerning your alleged improper actions. Therefore, it's possible the disciplinary committee might conclude you shouldn't face student discipline, or if you did, your punishment might be far less severe.
For instance, you might face a temporary suspension from school and be required to complete applied behavior analysis therapy for your autism, as opposed to getting expelled. As for the final exam example, you could be required to retake the exam, but with a new set of questions and the extra 30-minute time allowance as a result of your dyslexia.
What Students Should Do If Facing Disciplinary Action by Their Ohio College or University
If you haven't done so yet, it's probably a good idea to let your school know about your disability. Most schools will have a special department of office to handle this. For example, the Ohio State University has the Office of Student Life - Disability Services. As mentioned in the previous section, informing them of your situation could result in significant changes in what sanctions you face and how the discipline process goes. This isn't for your school to go easier on you, but to ensure you're treated fairly.
Then, once you get through the disciplinary process, your school will be aware that you might require certain academic accommodations. Some of these could include:
- Recording lectures
- Using special note-taking apps
- Getting extra time for tests or to complete assignments
- Using a word processor or dictation device for taking essay exams
- Using text-to-speech software
- Taking exams in a different location from other students, like an empty classroom.
Finally, if you're facing potentially serious accusations, like a Title IX charge, it's imperative you contact the Lento Law Firm Education Law Team. Not only could these proceedings result in your expulsion, but Title IX investigation rules are constantly changing and often require prior experience handling those matters to fully understand and take advantage of them.
The Disciplinary Process for Ohio High School Students with Disabilities
The general principles that apply to university and college disciplinary proceedings will also apply to high school, middle school, and elementary school students. This means a student's disability could affect not just the disciplinary procedures used but also any punishments or findings of responsibility of the student.
However, one major difference between the college and high school (and primary schools) discipline process is that there will be greater input and participation of the parents because most non-college students will be minors. Another major reason is that IEPs, or individualized education programs, are present at the K-12 level, but not in college.
How an IEP Affects the Student Discipline Process
Ohio is like many other states in that the student discipline process at the high school, middle school, and elementary levels is mostly dictated by federal law. Therefore, the procedural requirements during the disciplinary process for most Ohio students with an IEP will meet the minimum standard set put by federal law. States may sometimes offer additional protections to student, use different terminology, or slightly modify the timing of when certain events might occur. However, Ohio law largely mirrors federal requirements.
A student with an IEP in Ohio is entitled to additional protections and rights during a student disciplinary proceeding. As a general rule, a student with an IEP can be suspended from school as a form of discipline, just like any other student, until the suspension reaches the 10-day mark. At that point, any suspension lasting ten days or more requires the school to set up a manifestation hearing.
This manifestation hearing will be held to determine if your child's disability had a role in the alleged misconduct. Another reason for a manifestation hearing is to determine if the school failed to properly implement the IEP. If the answer to either question is “yes,” then the school will return your child to his prior placement (unless you, as the parent, consent otherwise).
If the manifestation hearing concludes your child's discipline issue was the result of their disability, then your child's removal from his or their regular placement can continue. However, your child must continue to receive academic services in an Interim Alternative Education Setting (IAES). Also, the school must create a behavior intervention plan (and conduct a functional behavioral assessment) if your child doesn't already have one. If they do, it will need to be revised or updated to address the behavior that led to the discipline.
If the manifestation hearing concludes your child's behavior was the result of the school's failure to properly implement the IEP, then the school must immediately take steps to fix any problems.
One exception to the above processes is if your child is being disciplined because they brought weapons or drugs to school or got into a fight and caused serious physical harm to another. In these scenarios, the school may remove your child from school for up to 45 days, even if your child's behavior that led to discipline was caused by their disability.
You (as the parent) can challenge this decision and request an expedited due process hearing. Because this is an expedited process, the hearing and a decision from the hearing should come within weeks after requesting the hearing. However, this doesn't always happen. During this time, your child will remain in the IAES.
What If There's No IEP?
Ohio law states that a student without an IEP facing discipline may receive the same due process rights and privileges that a student with an IEP receives, but only if the school knew or should have known about the child's need for special education services. A school should have known about the special needs of your child if:
- You, as the parent, expressed concern in writing to the appropriate school official that your child may need special education services;
- You asked for an IEP evaluation; or
- A teacher or other school official relayed concerns that your child might need special education services.
Another reason your child may not be subject to an IEP is because your child is a student at a private school. In this case, many of the above-discussed procedures and protections won't apply. However, your child's school will have its own disciplinary process that you'll need to consider.
Differences Between Colleges and High Schools Concerning Student Discipline
One main difference between the college and high school (and primary school) student defense process is the absence of the IEP in college. Another major difference is that most college students are legal adults. Therefore, a parent of a college student usually isn't entitled to receive information about their student's disciplinary or academic violations unless the college student gives consent. Other differences between high schools and colleges that may affect the student discipline process include:
- High schools are primarily obligated to follow relevant state law and the Individuals with Disabilities in Education Act (IDEA), while the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act of 1973 will be the primary laws that apply to colleges and universities.
- High schools have a greater responsibility to identify students with special needs. In contrast, college students have the burden to notify their school of their disability.
- A high school or school district must develop the IEP. College students must create their own plan for special accommodations services.
- College professors and instructors aren't usually required to fundamentally alter their academic course curriculum to accommodate college students with academic-related special needs.
- Colleges and universities don't have to conduct tests and assessments to identify students with disabilities.
Defend Yourself or Your Child in Ohio Against High School or College Misconduct Charges
If you've read this far, you can understand how seriously you need to take the student discipline process. On top of that, the disciplinary process can be complex and intimidating, especially if you have a disability. Don't let you or your child lose out on their educational experience because the school failed to follow the law or honor student rights.
The moment you learn that you or your child faces student disciplinary proceedings, call the Lento Law Firm. Our Education Law Team has many years of experience helping students with disabilities receive a fair and impartial investigation and discipline hearing. Even if a disciplinary committee has made a decision, an appeal beyond the school level may be possible. You can contact us using our online form or call us at 888-535-3686.
