The time frame that a student is expected to comply with a sanction, such as a suspension, will vary depending on the college or university involved. At many schools, the student is expected to comply immediately. That being said, if a student submits an appeal of a finding and/or sanction, such as a suspension, oftentimes the sanction is stayed pending the determination regarding the appeal. At some schools, however, even if an appeal is filed, pending the outcome of the appeal, the student is still expected to comply, so that would could mean an immediate withdrawal from campus housing and an immediate stop in attending classes. Suspensions are serious. An experienced attorney advisor can help navigate the process, can help potentially avoid a finding of responsibility and the consequent sanctions.

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When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

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 […]