High schools and higher education institutions are dedicated to teaching young adults and maintaining an orderly atmosphere on campus. Students and parents have access to a school's rules and regulations through the code of conduct, including how various processes—like discipline—may differ concerning students with disabilities. Unfortunately, just because a provision is listed in a school's code of conduct doesn't guarantee it.
Even though state and federal laws protect students with disabilities, some high schools, colleges, and universities misuse and misapply their disciplinary procedures. Schools have a right to discipline their students. However, when their policies ignore the needs and legally required accommodations of students with disabilities, they cause damage for years to come. Defending against allegations of academic, behavioral, or sexual misconduct can be an overwhelming task and even more challenging for students with disabilities without help. Luckily, Minnesota students have access to professional assistance.
The Lento Law Firm Student Defense Team stands prepared to support students with disabilities who are under threat of discipline from their high school or institution of higher education. We understand Minnesota students' rights and will assist them through every step of the grievance process to ensure they are treated fairly. Our team can also work with a school's Office of General Counsel (OGC) to negotiate a resolution before formal procedures begin. Call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit us online.
Can Your High School Discipline You if You Have a Disability?
The simple answer is yes. However, schools must use alternative methods and offer accommodations through federal laws like the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act. Just as IDEA and other federal provisions guarantee a free and appropriate public education (FAPE) for student with disabilities, they also provide modified grievance procedures designed to meet their needs.
The Minnesota Department of Education (MDE) has amended its student discipline procedures through the Pupil Fair Dismissal Act (PFDA). Among the dozen or so changes are the following:
- Changes the definition of suspension to "not apply to a student's dismissal from school for less than one school day, except as provided under federal law for a student with a disability."
- Requires students to be managed with non-exclusionary disciplinary policies, except wherein the student may appear to create an immediate and substantial danger to themselves, others, or property.
- Amends procedures to require "measures to improve the pupil's behavior" for readmission after expulsion, such as counseling, mental health services, referrals for special education, increased parental involvement, and others.
The PDFA applies to students with and without disabilities. Nevertheless, students with disabilities have further protections in regard to misconduct and the management thereof.
High School Code of Conduct Violations
Misconduct allegations can be categorized into academic, non-academic or behavioral, sexual, and discriminatory. These issues can often take on additional factors due to the nature of a student's disability—each with its challenges and implications requiring an individualized approach.
Academic misconduct includes allegations that provide an unfair advantage. Some common examples include but are not limited to:
- Cheating: Using unauthorized materials or help during tests or assignments.
- Fabrication: Creating, manipulating, or falsifying academic information.
- Plagiarism: Passing someone else's work off as your own or using it without proper citation.
Students with learning disabilities are often provided reasonable accommodations so they may obtain FAPE, just like their peers. Therefore, they may have additional aids such as hearing devices, be allowed to take an open-book test or have a tutor with them, which some teachers may consider a form of cheating or other academic misconduct.
Non-academic misconduct is often an umbrella term but is primarily used for behavioral infractions and those that disrupt the educational process. Common examples include but are not limited to the following:
- Fighting or terroristic threats: Verbal or physical threats or actions against other students or teachers.
- Disruptive Behavior: Disrespectful actions, such as excessive talking, outbursts, or inappropriate behavior inside and outside the classroom.
- Vandalism: Intentional damage to school property, the property of others, or the student's own property.
Students with disabilities may exhibit elevated emotional or behavioral conditions that can be perceived as misconduct by some teachers or administrators. Unfortunately, what can be a student's natural response to overwhelming sensory input can quickly land them in front of their school's disciplinary board.
Title IX violations include forms of sexual misconduct but primarily deal with civil rights issues. For instance, Title IX misconduct can consist of:
- Bullying and Harassment: Repeated aggressive behavior or unwanted advances that intimidate or harm another student.
- Discrimination: Unfair treatment based on race, gender, sexuality, or disability.
- Cyberbullying: Using the internet or social media to harm or intimidate another student.
Students with disabilities can be more susceptible to bullying and harassment due to differences in social skills or behavior. However, some may engage in bullying behavior due to mirroring behaviors they've been subjected to and without understanding its social implications.
Minnesota High School Disciplinary Processes
Part of the misconduct process in Minnesota high schools involves a manifestation determination review (MDR). An MDR aims to conclude whether a student's misconduct was a result of their disability or the school's failure to implement an individualized education plan (IEP). An IEP is afforded through IDEA, and all reasonable accommodations given to students with disabilities will be listed.
In conducting the MDR, parents and relevant members of the IEP Team must review all pertinent student information, including medical evaluations, existing IEPs, functional behavior assessments (FBAs), and behavior intervention plans (BIPs). The team will determine whether the conduct in question was caused by or had a direct and substantial relationship to the student's disability or was the direct result of the school's failure to implement an IEP.
If the IEP Team determines that the student may benefit from a setting outside the traditional classroom, they may advocate for a disciplinary change of placement at a state-approved alternative program (SAAP). Minnesota's SAAPs can include district-based learning centers, alternative programs, and contracted private services. After the student returns to their typical education environment with a new or modified IEP, they will receive, if necessary, BIPs, FBAs, and further services designed to address re-offense and a return to a SAAP.
Are College Students Afforded Disability Accommodations?
Although students with disabilities can enjoy reasonable accommodations in academic and disciplinary procedures until they reach 22, those provisions end at graduation. Many of the services public high schools provide to students with disabilities aren't offered in the same way at colleges and universities.
For instance, higher education institutions don't need to modify academic courses if the changes would fundamentally alter its scope or place an undue burden on the school. Additionally, colleges do not work to identify disabilities.
College Code of Conduct Violations
Much like misconduct in high school, college-level allegations are classified into academic, non-academic, behavioral, sexual, and Title IX violations. Each type will take on different dimensions due to a student's needs and disabilities, which can easily cause a higher risk for discipline.
Academic misconduct is similar to high school, wherein cheating and plagiarism are handled with severe discipline. In college, it's not uncommon for a first-time instance to be met with expulsion. Examples of other unfair academic advantages include the following:
- Bribery: Offering money, goods, or services to obtain resources or knowledge that will provide an unfair advantage.
- Collusion: Having one student complete an assignment for others or receiving such service.
- Misrepresentation: Representing one's academic knowledge in a false manner.
Students with disabilities must follow academic integrity rules like their peers. While institutions will accommodate students with physical or digital aids and services, it's on an individual basis. Moreover, professors may also try to require independent authorization, further confusing the process.
Behavioral misconduct isn't limited to on-campus incidents. Minnesota colleges and universities hold disciplinary jurisdiction over students at off-campus events and in many other areas that aren't the classroom. The student handbook is where most, if not all, code of conduct violations are listed and may differ from school to school. Yet, some common violations include the following:
- Misuse of University Resources: Improper use of campus facilities, amenities, or computer networks.
- Illegal Drug Use: Possession or use of illicit substances on campus.
- Alcohol Misuse: Underage drinking or excessive consumption leading to disruptive behavior.
Peer pressure can exacerbate and contribute to non-academic misconduct and behavior. In particular, students with disabilities might feel pressure to engage in activities despite their disabilities so that they do not seem socially different from others and experience difficulty in requesting exemptions that weren't present when attending high school.
Sexual misconduct and Title IX violations are similar to those in high school simply on the basis they are managed harshly. Some examples of Title IX and sexual misconduct at colleges and universities include:
- Hazing: Subjugation to difficult, dangerous, and often humiliating tasks and rituals in order to join a group, team, or organization.
- Sexual Assault: Rape and other sex offenses such as fondling, incest, and statutory rape.
- Sexual Exploitation: The use of sexual conduct for services, money, or other benefits.
For allegations of sexual misconduct or Title IX violations, institutions are pushed to deliver justice quickly. However, if colleges work to manage accusations too fast, they can fail to provide reasonable accommodations for an accused student that may result in an unfair decision.
Minnesota College and University Disciplinary Processes
While many colleges and universities in Minnesota adhere to a framework of transparency and due process, navigating the disciplinary procedures can pose significant challenges for students with disabilities. Typically, institutions assemble a disciplinary panel or board comprised of faculty, staff, and sometimes students to adjudicate the case. Both parties can present their case, which may involve presenting relevant evidence, witness testimony, and personal statements. Most colleges apply the "preponderance of the evidence" standard, meaning it is more likely than not that the alleged misconduct occurred to determine responsibility.
In cases involving allegations of sexual misconduct, colleges and universities have specific obligations to both the accused student and the accuser. For instance, the accused student has the right to have an attorney present at a live hearing and the right to cross-examine all witnesses. However, because some institutions maintain two separate sexual misconduct policies—one for Title IX and another that expands upon it—students may not always have these same rights during a sexual misconduct hearing. Nevertheless, due process mandates that schools inform students of the charges against them, review the evidence, and provide them with an opportunity to defend themselves, at the very least.
Problems Students with Disabilities Face in Disciplinary Proceedings
Students with disabilities can encounter unique challenges during the college disciplinary process, impacting their ability to fully participate in and respond to disciplinary proceedings. These challenges can stem from the nature of their disabilities and the institution's readiness to accommodate their needs.
Faculty and staff may lack awareness or understanding of the specific needs and rights of students with disabilities. Behaviors associated with specific disabilities can be misinterpreted as misconduct or defiance, leading to unfair disciplinary actions.
Even though students are afforded more proactive special education services in high schools, those in some private institutions with physical disabilities may find it challenging to access hearing locations or participate in the process. On the other hand, students with hearing, speech, or visual impairments may struggle without assistive technologies or services that are not provided due to funding pitfalls or because of a smaller student body size.
Colleges and universities also have failings. In many cases, they don't offer clear guidance on how students can request accommodations, guarantee accessibility of all materials and proceedings, and consider the impact of disabilities when assessing cases to determine disciplinary action.
How Can the Lento Law Firm Help Minnesota Students?
While Minnesota's schools must adhere to state and federal disability laws, this doesn't guarantee that barriers to accommodations or unfairness in the disciplinary process won't arise. Students with disabilities are vulnerable to false accusations and face obstacles that can disrupt their academic path.
The Lento Law Firm Student Defense knows how Minnesota's high schools, colleges, and universities approach disciplinary procedures involving students with disabilities. Our team will craft a defense strategy for any scenario to promote the best outcome possible, including negotiating favorable resolutions with a school's OGC. Call the Lento Law Firm at 888-535-3686 now or reach out through our confidential online consultation form.
