The Impact of Off-Campus Actions on School Life in Delaware
Accusations of misconduct can significantly disrupt your child's academic and personal life, not only while they are in school but also after graduation. The repercussions of conduct violations that allegedly happen off-campus can be even more stressful and confusing, especially if the school is trying to punish your child without authorization. For instance, if the school disciplines your child for supposedly bullying another student on a family vacation, it will negatively impact their mental health and stigmatize their reputation at school.
Furthermore, the school's disciplinary actions for off-campus conduct are the same as their punishment for on-campus conduct. This means your child can be put into detention or Saturday school or suspended or expelled because of behavior that happens far from school grounds.
The Lento Law Firm Student Defense Team is keenly aware of how frustrating these procedures and decisions can be for families. Not only does it feel like the school is overstepping, but depending on how you help defend your child, it could result in seriously unfortunate consequences for them. Call 888-535-3686 today or schedule a consultation online.
Navigating Off-Campus Misconduct and School Responses in Delaware Schools
When you think of the school punishing your child, you can understand why they would for behaviors that occur on school grounds or at school-sponsored events. So, it can seem unfair when students are punished for behaviors that occurred nowhere near the school. Yet, Delaware schools do have the power to punish students for certain kinds of off-campus misconduct.
Misconduct unrelated to school:
Schools have limited power to discipline behaviors that occur off-campus and have nothing to do with the school. For instance, at schools in the Cape Henlopen School District, students can be punished for out-of-school criminal conduct that shows the student does not care about the safety and welfare of the other students, staff, and school community members. Usually, these actions include violence, weapons, or drug offenses.
Misconduct tangentially related to school policies:
When misconduct happens off-campus but relates to a school policy, the school may have the power to discipline the student. Generally, the school policies at issue will be those that cover:
- Bullying or cyberbullying
- Misusing the Internet or social media
- Drug-related offenses, like possessing or selling drugs or alcohol off-campus to other students
- Being under the influence of illegal drugs or alcohol.
If a student in the Smyrna School District is accused of cyberbullying another student, even if the actions occur in the student's home, the school can punish them for the behavior. Most of the time, issues like these are initiated by the parent of the affected student reaching out to the school and asking for disciplinary measures.
Misconduct that directly involves the school, a school staff member, another student, or the school community:
The most common type of off-campus misconduct that is disciplined by the school is conduct that directly involves the school, a member of their community, a member of the staff, or another student. In the Delmar School District, students who are accused of physically assaulting another student off-campus will likely be disciplined by the school.
To prevent your child from suffering unnecessary consequences for supposed behaviors that occurred away from school grounds or events, it is important to reach out to an experienced student defense attorney. Lento Law Firm has helped students around Delaware manage their disciplinary hearing defense. They will leverage this experience to get your child the best possible outcome for their case.
Decoding Adjudication Approaches in Delaware Schools
How schools deal with off-campus misconduct will vary, but according to the Department of Education, Delaware schools have the power to discipline any conduct that results in a felony. So, if your child is accused of using a weapon at school, a school-sponsored event, to or from school, or even in another state while on a family trip, their school can discipline them for it.
That being said, there are specific steps that schools must take to discipline a student for off-campus misconduct, even if it results in a felony charge. Parents need to be aware of their school district's specific rules and procedures regarding disciplinary action to ensure the school is not overstepping or punishing the child too severely.
For instance, in the Christina School District, students who are referred for disciplinary action for off-campus misconduct will be required to either agree with the school's allegations and punishment or present a comprehensive defense. The district's student handbook also makes it clear that students are responsible for behaving appropriately on and off school grounds and at school-sponsored events or risk being disciplined by the school. Thus, students accused of participating in a gang-related activity that takes place off-campus can be punished by the school because it violates the student's promise to behave appropriately off-campus.
Generally, your child's disciplinary action will depend on the specific misconduct alleged and how it affected the school, school community, or school-sponsored event. However, a strong defense will significantly boost your child's chance of having the disciplinary action lessened or dismissed.
Sometimes, parents decide to take their child's defense into their own hands and end up not preparing for the meeting. They believe their child's school will handle these cases efficiently and easily. These parents don't realize the impact an unsuccessful disciplinary hearing can have on their children. For instance, if your child is suspended or expelled for their off-campus behavior, it can affect their ability to get into college, which can impact their mental health and future prospects. Moreover, younger students can face stigmas and damage to their reputations, making them feel isolated. Children who feel isolated tend to have lower self-esteem and confidence, which can distort their view of the world and what they can achieve.
The Lento Law Firm Student Defense Team will review the policies at your school and ensure both you and your child are fully aware of the procedures and possible outcomes. They will also develop a strategic defense, gathering evidence and witness testimony to support their defense and refute the school's claims. Additionally, they will use their legal experience and education to contact the school on your behalf and attempt to have the accusations dropped or alleviated before a disciplinary hearing can take place.
How Misconduct Can Impact Your School Life in Delaware
As we explained above, allegations of misconduct and determinations can have disastrous consequences on your child's entire life, no matter the grade they are in. For instance, if a middle school student is accused of cyberbullying a teacher from their home computer, the school may call the parents into a meeting without notifying them of the issue. The student's parents will show up completely unprepared to defend the student and get gaslit into accepting whatever punishment the school has decided on.
Schools often decide to place such a student into an alternative education placement to separate them from the teacher. However, these placements can inhibit the child's ability to learn and, depending on how long the placement lasts, can prevent them from keeping up academically with their classmates. When they are placed back into their regular classroom setting, they are far behind their classmates, causing more anxiety, isolation, and frustration, which can cause serious and sustained behavioral issues.
Furthermore, if the student is in high school, being expelled, suspended, or placed into an alternative education setting will be noted on their final transcript. When they start applying to colleges, there is a section that requests information on any prior suspensions or expulsions. They will have to reiterate the issue that gave rise to their disciplinary action on every application. College admissions committees will review these answers and determine if the student should be accepted or denied. Many students who are disciplined in such a way find it hard to get admitted to college.
You can do several things to prevent your student from being subjected to harsh punishments that otherwise could have been avoided with a solid defense. The first step is always to hire a competent student defense attorney that you can put your confidence in. Lento Law Firm knows exactly what your family is going through, how stressful and overwhelming these procedures are, and simple ways to alleviate that burden. Not only will they reach out to the school to negotiate on your child's behalf, but they will also discover the best way to defend your child from these accusations.
Guiding Your Child Through School Disciplinary Proceedings in Delaware
Parents who believe the best in their child's school are usually let down when it comes to disciplinary procedures. They hope that their child won't be punished too harshly and that the entire process will be straightforward. Unfortunately, these parents are surprised when, on the disciplinary hearing day, they are bombarded with accusations and coerced into accepting whatever punishment the school feels will fit the situation.
For instance, if a student is accused of disseminating a lewd photo of another student from the car off-campus, parents will meet with the school to discuss the matter. They are unaware that prior to this meeting, the school has already decided that the student is likely responsible for the accused behavior and what punishment they should impose. When they meet with the school, they are given just one option and usually take it without being informed that their child has a right to defend themselves.
Working with a skilled Student Defense Team can mean the difference between having your child expelled for their off-campus misconduct and having the accusation dismissed completely. The Lento Law Firm Student Defense Team will be in your corner from the moment your child is accused of off-campus misconduct through their appeal (if necessary). They will help you:
- Gather, review, and evaluate the disciplinary policies your child's school employs, as well as any other pertinent disciplinary policies from the Delaware Department of Education. After going through them, they will make sure you and your family are well aware of the process, typical outcomes, and next steps.
- Investigate the alleged off-campus misconduct and review the school and school district's motives for bringing this disciplinary action against your child. By having our own investigation, we can draft a strong defense long before meeting with the school the first time.
- Generate a direct line of communication between the parent, school, and school district officials to ensure negotiations and communications can run smoothly.
- Collect relevant evidence, documents, and witness testimony that will support your child's defense.
Essentially, the Lento Law Firm Student Defense Team will guide you and your family through every aspect of the disciplinary and appeals process, as well as stand guard during conferences and hearings to ensure the school is not infringing on their due process rights.
The Lento Law Firm is Ready to Help You Preserve Your Child's Future
Students who are disciplined for misconduct that occurs off school grounds can experience stressful and far-reaching consequences, such as failing grades, mental and emotional issues, and social stigmas. A skilled student defense attorney will make sure that your child's school is not overreaching its power by punishing a student for incidents that have nothing to do with the school and, therefore, causing students to unnecessarily experience these harsh consequences.
At Lento Law Firm, we understand that your child's well-being is the most important thing to you. That's why our attorneys focus on preventing the school from taking advantage of you and your child. It is important you know that your child has the right to defend themselves from off-campus misconduct accusations. If their school prevents them from doing so or does not inform them of this right, they can and should be held accountable. Call 888-535-3686 today or schedule a consultation online for help.
