The Impact of Off-Campus Actions on School Life in Hawaii
Engaging in any unauthorized off-campus conduct can significantly influence your child's educational journey within their school. While it might appear unfair for the school to hold your child responsible for actions they took outside of school, such situations are not uncommon. For example, if your child shares social media posts that impact another student's school experience, and the victim student's parents find out about it, they can request that the school punish your child.
In such situations, your child may face disciplinary actions, such as detention, suspension, or even expulsion. To prevent this from happening and to protect your child's academic experience, it is important you hire a skilled student defense attorney. The Lento Law Firm Student Defense Team has helped hundreds of students all around the country who have been accused of misconduct. They will work tirelessly to ensure your child receives the best possible outcome for this case. Call 888-535-3686 today for help, or schedule a consultation online.
Navigating Off-Campus Misconduct and School Responses in Hawaii Schools
Children get into trouble at school and off-campus all the time. However, there are only certain kinds of off-campus conduct that will get students punished by the school.
Misconduct unrelated to school:
Most students do not spend 24 hours a day at their school. As such, they engage in a lot of activities that have no connection to their school life. Unfortunately, this sets students up to believe that their conduct outside of school cannot be punished by the school. These behaviors might include vandalism, property damage, theft, breaking and entering, or stealing cars. But just because it happened off campus does not mean it won't affect your position in school.
For instance, at Farrington High School, student-athletes are strictly prohibited from participating in hazing activities. They define hazing as any conduct or behavior that endangers a student's physical or mental health and is performed to enter the student group (or team). So, if a group of student-athletes is off-campus and requires that the newest teammates consume copious amounts of alcohol to truly become part of the team, it is considered hazing. Once the school gets wind of such an incident, they can hold the student-athletes accountable despite the fact that the incident occurred off-campus.
Misconduct tangentially related to school policies:
Typically, activities that fall within this category will include offensive behaviors that mock a marginalized group or make fun of a specific student at school. These offensive activities tend to take place on the internet or in off-campus public speeches or communications. While it may not directly affect the school, the school can still punish a student for these behaviors.
For example, at Kaiser High School, students are prohibited from a number of activities, which are classified into different categories. Class B offenses include bullying, cyberbullying, harassment, hazing, and inappropriate or questionable uses of the Internet, its materials, or equipment. If a student is caught using social media to cyber bully someone – even if it isn't another student, faculty member, or staff, they can receive one of the following punishments: detention, in-school suspension for up to five days, or out-of-school suspension for up to 10 days (which can then be extended another 82 days).
Misconduct that directly involves the school, a school staff member, another student, or the school community:
Many times, students will engage in an off-campus activity that directly involves someone from the school, its community, or the school itself. At Kalani High School, students must refrain from bullying and cyberbullying, assault, terroristic threats, inappropriate use of the Internet, retaliation, and insubordination.
Thus, if a student is caught making inflammatory remarks about the school, teachers, staff, or other students through social media, text messaging, or emails, they can be punished by the school – even if the actual conduct happened off-campus. Punishments for these types of behaviors at Kalani High School include detention, in-school suspension, interim alternative education placement, out-of-school suspensions of up to 10 days or 11 days or more, and expulsion.
There are several ways a school can discipline students for conduct that happened off-campus. Unfortunately, these proceedings can be unnecessarily harsh on students and can deeply affect the rest of their lives. If your child has been accused of misconduct off-campus in Hawaii, Lento Law Firm can help.
Decoding Adjudication Approaches in Hawaii Schools
All schools in Hawaii follow the same procedures when it comes to adjudicating student misconduct. Chapter 19 from the Hawaii Department of Education (DOE) outlines what conduct is prohibited and the procedures for reporting it and disciplining the student responsible. Under this regulation, the DOE specifically states that prohibited conduct that occurs on or off school property can be punished if it involves the school system, DOE provided transportation, or DOE sponsored activities or events.
So, if your child is accused of using drugs at a school or DOE sponsored event that occurred off-campus, the school will conduct a disciplinary hearing to determine the student's responsibility and which sanctions to impose. For conduct such as this, the sanctions could be anything from in-school suspension, out-of-school suspension for up to 10 school days, or expulsion from the school forever.
Though, if your child is accused of using drugs off-campus with other students, but not during a school or DOE sponsored activity, the disciplinary action imposed could be less harsh. Such students might be given detention, a correction conference, and a loss of privileges.
Moreover, if the students were doing drugs off-campus by themselves, Chapter 19 still requires Hawaii school districts to punish students for the behavior because it goes against the code of conduct. These students may be punished with Saturday school, parent conferences, or in-school suspensions.
Obviously, Chapter 19's policy surrounding off-campus misconduct is quite vague. The decision of the school's disciplinary hearing officer will largely depend on the severity of the behavior, how it affected the school or its community, and where the conduct took place. This is why working with an experienced student defense attorney from the moment you learn of the accusations against your student is so important.
Not only will the Lento Law Firm Student Defense Team review the claims against your child and craft a strategic defense for them, but they will also begin negotiating with the school immediately, hopefully avoiding a disciplinary proceeding altogether. Their knowledge and experience is crucial for these types of disciplinary cases.
How Misconduct Can Impact Your School Life in Hawaii
When students are disciplined at school, their first instinct is to brush it off. As we explained above, every student gets in trouble with their school at some point. Whether they are being reprimanded in class for speaking too much or forced to endure detention or Saturday school for being consistently tardy, the majority of students will experience some sort of disciplinary action.
Despite this, getting into trouble with the school can be incredibly overwhelming for your child – especially if the conduct in question did not even happen on campus. Moreover, any kind of disciplinary action can negatively impact a student's academic career and personal future.
For instance, if a student is punished for off-campus conduct, such as cyberbullying, and suspended for over 11 days, it will be noted on their final transcripts. This means that when they apply to college or certain governmental jobs, the administration in that organization will see the notation on their transcript and not only ask the student about it but maybe also use it to prevent the student from joining them.
Other consequences for off-campus misconduct disciplinary actions may include:
- Falling behind your classmates academically.
- Being forced to transfer to another school.
- Being forced to participate in counseling, parent conferences, or alternative education programs.
- Paying restitution to the school or anyone in its community, or the community at large.
- Not being able to run for class president or participate in any class events, including school dances or graduation.
- Being denied admission to colleges or specific majors in college.
- Not being allowed to join any organizations during the first year of college.
- Being immediately placed on probation when entering college.
- Losing scholarship opportunities or positions on college sports teams.
Any of these punishments can seriously affect a student's mental and physical health, putting them at risk of depression, anxiety, low self-esteem, and potentially suicidal ideation. The risk of these issues is heightened by the fact that disciplinary actions can impact a student's reputation on and off campus, allowing the incident and their punishment to follow them around for life.
The Lento Law Firm Student Defense Team appreciates how difficult these proceedings, and their considerable consequences, can be for students and their families. They will use their extensive knowledge to help mitigate any unnecessary punishments your child might be subjected to, hopefully alleviating the mental and emotional stress the entire family can experience.
Guiding Your Child Through School Disciplinary Proceedings in Hawaii
Parents tend to believe their child's school will always protect their child, even in situations where the child is being accused of misconduct. The truth is most schools are only concerned with their reputations. If they fail to adjudicate a student for misconduct, it will negatively affect how the community at large views them – which could, in turn, affect school board positions, the principal's employment, and how the students and parents treat the teachers. As such, they are keen to discipline students who misbehave, even when the actions occur off-campus.
In addition, parents are usually unaware that they have the right to work with a student defense attorney during this time. Because of this, parents will try to defend their children alone, putting significant pressure on themselves and their families. Unfortunately, parents in this situation are usually unsuccessful in their endeavors.
Disciplinary procedures for children in kindergarten through twelfth grade in Hawaii are exhausting. There are endless amounts of paperwork, meetings, interviews, and questioning. Even the most even keel parent will begin to feel the stress and anxiety these proceedings can elicit.
To help ease that burden, Lento Law Firm will:
- Evaluate the DOE and the school's policies on disciplinary action, including Chapter 19. While most of the schools in Hawaii follow Chapter 19, some expand on these procedures. Thus, it will be important for Lento Law Firm to help you become familiar with all pertinent rules to ensure the meetings, questioning, and hearings go well.
- Investigate the accusations on your child's behalf.
- Collect relevant evidence, documents, and witness testimony that supports your child's defense against the school or DOE's accusations.
- Communicate with the school and DOE officials to expedite negotiations from the moment they begin working with you, prior to meetings, conferences, or the hearing.
The Lento Law Firm Student Defense Team will also counsel you and your child on the challenges to come, including disciplinary hearings and appeals, ensuring you are prepared for whatever the school throws your way.
The Lento Law Firm is Ready to Help You Take Proactive Steps to Protect Your Child's Future
Disciplinary actions can be hard to navigate, especially if the conduct occurred off campus and you are not notified of your right to an attorney prior to the initial meetings with the school. As we explained above, parents who try to defend their child without an attorney's advice usually end up unsuccessful. This is because the school will try to steamroll and gaslight the parents, dragging out proceedings, or confusing them with hard-to-understand policies.
Lento Law Firm's goal is to empower you throughout the disciplinary process. They will ensure you and your child understand the accusations being laid against them, the defense they have created, and how these proceedings can affect your child's future. Working with the Student Defense Team will leave you feeling protected and informed.
Wherever your child attends school in Hawaii, our attorneys can help. Call 888-535-3686 today for help, or schedule a consultation online.
