K-12 schools throughout Minnesota have different approaches to school discipline, and rules for student behavior may vary from one district to the next. One standard they likely all have in common, however, is punishing students for “off-campus” misconduct.
When students are involved in incidents away from school that have seemingly nothing to do with the school, they shouldn't be penalized for it at school, right? You'd think so, but many schools don't take this stance. Often, students accused of misbehaving off-campus have to face discipline from their school administrators. This type of behavior can vary widely, from a child posting something controversial on TikTok to another parent alleging that your child started a fight at a birthday party. When the school catches wind of these incidents—whether they're true or not—it usually takes action.
Discipline for off-campus misconduct can be mild, such as a formal reprimand. It can also be more severe, like suspension or expulsion. What's worse is that this type of penalty often comes without warning. It takes parents and students by surprise, leaving them with few options to defend the allegations. As a parent, you want the best for your students, and you want the school to respect their rights to a fair investigation.
The Student Defense Team at the Lento Law Firm can help you protect your child's rights when they're accused of off-campus misconduct. We can guide your family toward a favorable outcome. Call us at 888-535-3686 or fill out our form, and a member of our team will reach out to you to discuss your case.
Types of Off-Campus Misconduct in Minnesota Schools
Since “off-campus misconduct” can mean almost anything, it's hard to narrow down exactly what might get your child in trouble at school. It can be boiled down to three basic categories, however.
- Misconduct Unrelated to School Misconduct that is completely unrelated to school might be minor crimes, like shoplifting or property damage. Some schools think it's the administration's responsibility to punish the student, even if they have already gotten in trouble with civil law authorities. For example, in the St. Paul Public Schools Student Behavior Handbook: Rights and Responsibilities, prohibited behaviors are listed from Level 1 to 5, with 5 being the most severe. Some behaviors are explicitly prohibited on campus, at school, or when dealing with other students or school staff. Other behaviors, however, like gambling, robbery, or gang activity, do not specify that they need to be related to school or to members of the school community in order for teachers or administrators to take action.
- Misconduct Tangentially Related to School Some behaviors may be indirectly or somewhat related to school. A good example is posting a derogatory post on social media that mocks a marginalized community. Even if the student didn't use a school device or school internet to post it, the school might still want to take action because those kinds of messages may not coincide with the school's values or behavioral policies for students. The large Anoka-Hennepin school district, which serves the suburbs to the north of the Twin Cities, states in its school board policies that behavioral violations may be subject to disciplinary action if they occur off-campus if “the action interferes with or obstructs the mission or operations of the school or the safety of the student, other students, and staff.”
- Misconduct Directly Related to School Off-campus misconduct that is directly related to school usually involves two or more students who attend the same school or staff members of the school. Two good examples are students getting involved in a physical altercation off school grounds or one student threatening another (or a staff member) via digital communication—often referred to as cyberbullying.
Minneapolis Public Schools prohibits bullying of any kind, whether in-person or online. The bullying and harassment policy of the district applies to conduct that occurs by use of “electronic technology and communications off school premises when such use substantially and materially disrupts student learning or the school environment.”
In each of the three examples provided above, you can see how schools feel entitled to handle the situation or the reasoning used to give their actions legitimacy. As a parent, you probably feel that the school's actions are misplaced or not appropriate for the circumstances. Unfortunately, parents and students don't often have a say in the disciplinary process when it comes to off-campus misconduct. Any penalties a K-12 student receives can have significant impacts on their future as well.
How Minnesota Schools Handle Off-Campus Misconduct
Just as the categories of off-campus misconduct aren't standardized across the state of Minnesota, nor are the schools' responses to this behavior. Since each school district handles it differently, it's important to familiarize yourself with your child's school handbook, as well as the school board's policies concerning student behavior and discipline.
Following are a few examples of how a K-12 school in Minnesota might respond to an allegation of off-campus misconduct by a student.
Misconduct Unrelated to School
If the supposed misconduct by your child isn't connected to the school at all, the school might opt for training or counseling. The goal would be to educate the student on why what they did isn't considered good behavior and what they can do to improve. Some schools might also take a restorative justice approach. Ultimately, schools aim to help kids see how their actions have consequences that can negatively impact them later on.
Misconduct Tangentially Related to School
For behavior that is somewhat related to school, the administration might give the student counseling or something more severe like suspension. If your student is accused of posting a derogatory comment on social media, the school might suspend them to show that this kind of discourse isn't acceptable and can affect the overall school atmosphere.
Misconduct Directly Related to School
Off-campus misconduct that is directly related to school is usually dealt with more strictly. If, for example, your kid is accused of fighting another student off-campus, the school might suspend or even expel both students.
The Effects on School Punishments on K-12 Students
School punishments have a profound impact on K-12 students. The effects don't simply stop when the penalty ends; they continue to play a part in your child's educational experience. The immediate, short-term, and long-term consequences can be not only difficult to deal with but also limit your child's opportunities in the future.
Immediate Effects
The immediate consequences of a penalty from school are pretty straightforward: the school finds out about the alleged misconduct, (hopefully) investigates, and administers the penalty. For some more serious cases of off-campus misconduct, this process can unfortunately happen very quickly, sometimes even on the same day. For schools with zero-tolerance policies on bullying or harassment, for example, the punishment can start quickly without giving the accused student adequate time to prepare a defense.
Short-Term Effects
Short-term impacts of school discipline appear in the weeks and months after the penalty is over. One of the most common short-term consequences is falling behind in school. If your child is suspended for a brief period, they'll have missed classes and assignments and may struggle to catch up with the curriculum. Another short-term effect is missing out on extracurricular activities if the punishment includes a ban on these kinds of activities. Students are cut off from their friends and peers, stunting their social and emotional development.
Long-Term Effects
The long-term effects of school discipline stretch beyond the academic year. If the penalty was for a serious violation, it's probably noted on your child's academic record. When it comes time to apply for colleges, having this disciplinary notation may make college admissions officers think twice about admitting your child to their school. Or, it may prevent your kid from obtaining a crucial scholarship to fund their college education.
If you don't want your child to go through any of these consequences, you need to act as quickly as possible. You should contact our Student Defense Team so we can help you and your child formulate a defense and open a dialogue with the school concerning the allegation. At the Lento Law Firm, our priority is helping you protect your child's future and sparing them the disastrous effects of school discipline.
How Our Student Defense Team Can Help
When your child is dealing with a disciplinary proceeding at school, you want to be involved and do as much as you can to help. You may not fully understand the proceedings, however, or know how to deal with school administrators on a tricky disciplinary matter. The stakes are high, and you and your child can't afford to make a mistake. The Lento Law Firm's Student Defense Team can help.
Decoding the Rules and Regulations
Before you can take action, you need to know if the school has a solid basis for disciplining your child. You can check the student handbook or district policies concerning school discipline to determine if the school's actions are backed by the policies. You can also see exactly what the charges are against your child. If you're unfamiliar with the handbook or with the district's policies, our team can comb through them to find the parts relevant to your child's case. We'll ensure you understand the rules and help you hold the school to account.
Keeping You Informed
Your child's school may conduct an investigation into the alleged misbehavior off-campus, but you shouldn't leave all the fact-gathering to the school. The Student Defense Team at the Lento Law Firm will also conduct an independent investigation, separate from the school. We feel that collecting evidence and speaking to witnesses ourselves is a much better approach than simply relying on the school's findings. We'll keep you informed about what we find and help you use these investigation results to defend your child.
Our team can also help with the following:
- Assessing your child's case to determine what the most likely positive outcome is
- Gathering evidence related to your child's alleged off-campus misconduct
- Speaking directly with the school's administrators to help facilitate negotiations and reach an informal, more favorable solution
- Assisting you with writing and submitting appeals to the district, if needed
- Offering advice and counsel throughout the entire process and making ourselves available to answer your questions
The Lento Law Firm's Student Defense Team Is Ready to Help Your Family
If you're unfamiliar with the world of school discipline, it can quickly feel overwhelming. With off-campus misconduct, it often seems like the school is acting without authority or legitimacy. As a parent, you wonder how your child's school can get away with punishing your child for an off-campus incident. Although it's surprising and can be unexpected, you shouldn't be unprepared. You should be aware of what can happen when your child is involved in alleged misbehavior outside of school and what's at stake if they are considered responsible for a behavior violation.
At the Lento Law Firm, we understand that dealing with serious discipline at the K-12 level can be confusing and stressful. We're here to help your family stand up for your kid's rights and ensure they receive just treatment. You don't want to see your child's future impacted so heavily by school discipline, and our team of Student Defense attorneys can help.
We work with families nationwide, helping parents navigate the disciplinary process and negotiate with K-12 schools concerning their children's discipline. We can do the same for your family. If you think your child might have been implicated in an off-campus incident and there's a possibility they can get in trouble, you shouldn't hesitate to call the Lento Law Firm. We want to help protect your child's future. Call our firm at 888-535-3686 or fill out our online form, and we'll reach out to you about your case.
