Complete the below form to be emailed the Lento Law Firm's complimentary Comprehensive Guide High School Code of Conduct and Disciplinary Violations.
Although it might seem like these types of violations are innocuous, the truth is that black marks such as these can have a long-term effect on a student's academic future and, consequently, also on their employment and/or potential future earnings. It's crucial, then, to not underestimate the importance of swiftly and effectively addressing any potential allegations. This guide will walk you through what you need to know. There is no obligation, and we will promptly follow up with you as we are here to help.
Read more about:
- The Influence of Biases on Disciplinary Processes
- How Disabilities are Misinterpreted as Behavioral Issues
- How Sanctions Can Influence a Student's Future
The following is a sample of the downloadable guide:
6. THE DISCIPLINARY PROCESS AT YOUR HIGH SCHOOL
Every county throughout the United States, and sometimes even individual schools, will have its own protocols and procedures for determining what the disciplinary process is for code of conduct and behavioral misconduct violations. Although we'll discuss some broad elements of most disciplinary proceedings, it's critical that you take time to look at your own school and/or county in order to understand the specific and unique process that will apply to your situation.
Some of the less serious infractions may result in a warning or detention assigned by a teacher. What we're going to look at here is the potential process for more serious allegations. Often, any allegation that might incur a suspension (both in school and out of school) or expulsion will most likely proceed to a more formal process.
The beginning of many of these processes will frequently include some sort of investigation into the allegations. Some schools will have a timeline for how quickly something like this occurs, while others will not have it specified.
After there's been some form of investigation, many schools will offer the student a chance to respond (often in writing) to the allegations and/or investigative results. This step doesn't always happen, however. In instances where it's not included, students might go directly to a conversation or to a hearing. This hearing could be a formal hearing or an informal hearing, depending on the process at that specific school or in the individual county.
Other times, counties have a process that requires school administrators to first notify the appropriate office (often called the district office). After this step, they may, together with a representative from the office, determine the appropriate consequences.
The administrator will meet with the student and parents in order to inform them of the allegations, the evidence supporting the allegations, and the review process, if applicable.
In many instances that involve potential expulsion (especially those at public schools), the incident might go to the School Board, where the Superintendent might make a recommendation for or against expulsion. The Board, then, would determine whether or not to accept, reject, or request an amendment to the Superintendent's recommendation.
DISCIPLINARY PROCEDURES: WHAT ARE SOME OF THE CHALLENGES ASSOCIATED WITH THEM?
The disciplinary process can be complex and vary from school to school. Generally, there is an overview of how the process goes (in your handbook!), and due process is outlined, but it is not always followed. In fact, the process may not always be consistently executed, and the outcome can depend on the individual handling the case. Some of the main challenges, then, can be the standard of evidence and the people handling the process.
Let's look first at the people.
The people handling the disciplinary proceedings are often teachers and administrators rather than professional investigators, which can have several repercussions or impacts.
First, teachers and administrators are already overworked and tired. Will they have the time (and energy) to dedicate effort toward clearing your child?
Second, they may not have the necessary training or expertise to conduct a thorough investigation and make an unbiased decision.
Finally, to the point of bias, teachers and administrators may have a personal relationship with the accused student and may not be impartial. This can lead to bias – whether in favor of or against the student.
All of these factors can contribute to an unfair advantage (or disadvantage) for a student facing the disciplinary process.
What about standards of evidence?
What are the standards of evidence? Well, it's the general bar (or guidance) for the burden of proof that's required in order to assess whether or not someone is responsible for the alleged behavior. Standards of evidence used in disciplinary proceedings are often lower compared to a court of law. This can lead to a “he said, she said” scenario, where it can be difficult to determine the truth of the matter. As a result, innocent students may be found responsible, and guilty students may receive a pass.
Due process is a fundamental aspect of the disciplinary process, but it is not always followed. Due process ensures that the accused student has the right to a fair hearing and the right to be represented by an Attorney-Advisor. However, many schools do not provide the accused student with legal representation and may not follow a fair process. This can result in an unfair outcome for the accused...(read more in the full downloadable guide.)
Contact the Lento Law Firm today at 888-535-3686 to fight for your student's rights, and request the free downloadable guide to High School Code of Conduct using the form above.
Click here to request our complimentary guide to high school code of conduct
