South Carolina K-12 Student Discipline Policies Include Standards for Off-Campus Behavior
Codes of conduct and disciplinary policies at K-12 schools across South Carolina may vary somewhat, but they all have one thing in common: Off-campus behavior by students may be subject to disciplinary action if it violates the school or district's guidelines. In most cases, school systems justify sanctioning off-campus misconduct by arguing that it may have a negative impact on the school climate or the safety and well-being of students and staff members.
A simmering conflict between your child and another student erupts into a physical fight when they encounter one another at a movie theatre; a student asserts they bought Adderall from your child at a local restaurant; a security camera has footage that appears to show your child vandalizing a local store—these are just a few examples of alleged off-campus behavior that may draw the attention of a school's administration.
However surprised you may be at any allegations about your child, it is important to take them very seriously and respond swiftly and comprehensively. The fallout from the allegations can include disciplinary action that immediately disrupts your child's education, and there may be long-term effects on their ability to partake fully in all educational programs in their school system.
If your child is an elementary, middle, or high school student at a school in South Carolina facing disciplinary action for off-campus behavior, call the Student Defense Team of the Lento Law Firm at 888.535.3686 or tell us about your case on our website. We have experience helping students like your child in communities in South Carolina and across the country.
Types of Off-Campus Misconduct Covered by South Carolina School Disciplinary Policies
What types of off-campus misconduct would a school classify as potentially having a negative effect on the functions of the school itself or its students or staff? In answering this question, it is helpful to distinguish types of misconduct by how direct their impact on the school is.
Off-Campus Misconduct That Has a Direct Impact on the School or Members of the School Community
Actions in this category include attempts to blackmail a staff member or another student via the mail, fighting with or harassing, intimidating, or threatening another student at an off-campus location, and selling alcohol or drugs to another student at their home. Electronic actions, such as online posts or texts that constitute threats against a member of the school community, also fall into this category. The Student Behavior Code of the Greenville County School District, the largest school district in South Carolina, includes an extensive list of the types of student behavior it will sanction.
Off-Campus Misconduct That Tangentially Violates School Policies
Misconduct that falls into this category may include actions like those in the “direct impact” section above, but the targets are not specific members of the school of the school community. The school may respond, however, because the activity affects the school climate, particularly for members who share characteristics with the target; they may not feel safe being in a classroom with the student who took the action. For example, a student may post online about their intent to go after members of a particular race or ethnicity at an upcoming political demonstration.
Off-Campus Misconduct That Is Unrelated to the School
Student conduct policies in South Carolina usually start with a general statement about the expectations the school or school system has of its students; desired qualities of character include honesty, trustworthiness, respect for rules, courtesy towards others, and self-discipline. Most schools and school systems maintain that it is their responsibility to hold students to a code of conduct that embodies these characteristics as part of their educational mission. They assert their responsibility to impose discipline on students who engage in misconduct, even if the actions take place off-campus and do not have a direct impact on the school or any member of the school community. In some cases, the argument can be made that the student may be more likely to bring their extracurricular misconduct on campus or involve a member of the school community. Examples of such misconduct include selling drugs, illegally possessing or using a firearm, committing robberies, and vandalizing private property.
How South Carolina K-12 Schools Discipline Students for Off-Campus Misconduct
Schools and school systems across the state of South Carolina provide documentation of their disciplinary policies and sanctions online. As would be expected, disciplinary sanctions in K 12 schools depend on the gravity of the misconduct and the level of effect it has on the school and its community. Exact policies vary, however, by school system or even school, and policy details are not always clear, particularly regarding sanctions. Some South Carolina K-12 schools use the Progressive Discipline Plan (PDP), which includes restorative justice practices in addition to traditional disciplinary measures. Beaufort County School District and Charleston County School District, for example, both use the PDP.
In keeping with the PDP model, the Parent Resource Manual and Student Code of Conduct of the Charleston County School District is a lengthy document that breaks its disciplinary policy down first by grade categories of elementary (K-5), middle school (6-8), and high school (9-12), and then by misconduct types of Behavior Misconduct, Disruptive Misconduct, and Criminal Conduct. While definitions of infractions go into extensive detail, there is less clarity about how disciplinary sanctions match up with infractions. Possible interventions include a parent-teacher conference, modified activity, loss of privileges, in-school suspension, out-of-school suspension, expulsion, and assignment to another school.
At least one school in the Charleston County School District, North Charleston High School, has opted out of the PDP system and created its own discipline plan in part to provide clearer consequences for higher-level offenses. For example, a first occurrence of cyberbullying results in an out-of-school suspension of 3-5 days, a school-based bullying intervention, and a recommendation for expulsion.
The Spartanburg High School Parent–Student Handbook is not based on the PDP model, but it is also somewhat murky. For example, it states that “All consequences will be age or developmentally appropriate,” but disciplinary sanctions provided for each type of misconduct do not show any age-dependent range of sanctions.
Given the frequency of lengthy, but not necessarily clear, disciplinary policies in South Carolina K-12 schools, the possibility of violating them may be increased and, along with it, the need for legal advice; the Education Law Team at the Lento Law Firm has extensive experience navigating the often-convoluted disciplinary policies of K-12 schools across the country.
Impact and Consequences of Discipline for Off-Campus Misconduct
It is easy to underestimate the impact of school disciplinary measures on your child, but the effects can quickly snowball. Disciplinary measures, especially those that keep a student out of class, certainly have obvious possible impacts on the student's academic progress: Missed classroom instruction can affect test scores and the quality of assignments because students need to be able to ask questions and confirm their understanding of class content. Students also benefit from the presence of classmates who may raise other questions that expand their understanding of the material.
Perhaps the most insidious effect of disciplinary measures that take a student out of school is the negative impact on their level of engagement in the school and with their own education. A sense of otherness, an alienation from the school community and the educational process, may develop. For example, a student-athlete on suspension cannot participate in a critical game and misses the team-building experience of working together to win, or a student who works on the school newspaper misses out on covering an interesting story. A student returning to school after suspension may feel overwhelmed and unable to catch up in one area or another, and so quits a well-loved activity, or sees their grades slip as their motivation flags.
Students who have had stern disciplinary measures such as suspensions meted out to them may also be ostracized by at least some of their fellow students and may—perhaps unconsciously—embrace the label of “bad kid.”
Farther down the road, aspirations for higher education may also take a hit in the highly competitive college application process. More than 1,000 colleges and universities use the Common Application, which includes a question asking whether the applicant has ever been found responsible for a disciplinary violation at the high school level. While information about discipline infractions is not included in transcripts, gaps in attendance, sliding grades, and a low GPA will all raise questions.
How the Lento Law Firm Student Defense Team Can Guide Your Child Through School Disciplinary Proceedings in South Carolina
What is the best strategy for helping your child if they are facing disciplinary measures in their South Carolina school for something they did off campus? Begin by reassuring your child that you will make sure they are treated fairly by the school and that they retain their full access to education. For the best chance of doing so, contact the Student Defense Team at the Lento Law Firm. Our team has the experience and understanding required to navigate disciplinary guidelines that may be lengthy, confusing, and contradictory. Many clients come to us frustrated at what seems like an impenetrable disciplinary process at their child's school, and we help them gain confidence in their understanding of their child's case and its challenges and opportunities; we can do the same for you. You do not have to fight this battle on your own on behalf of your child.
As much as possible, the Lento Law Firm Student Defense Team will take a cooperative approach with the school to protect your child's rights and secure the best possible resolution. We understand that the goal is to see your child back at school, confident, secure, and ready to learn.
Like every student, every disciplinary case is unique, but here are some of the most common ways the Student Defense Team at the Lento Law Firm can help your child:
- Initiate a comprehensive investigation. Our investigators will capture all relevant information and identify all individuals and entities who can contribute to our understanding of the case and the best way forward.
- Establish communication with your child's school early on to facilitate the negotiation process. This will include identifying the point person at your child's school for communications about the case.
- Develop a strategy that is the best fit for the details of your child's case.
- Counsel you and represent your child in negotiations with the school.
- Provide clarity about the disciplinary policies at your child's school. This may include identifying discrepancies or contradictions in the policies.
- Assist with appeals.
The Lento Law Firm Student Defense Team is Ready to Help if Your Child Faces Disciplinary Action for Off-Campus Behavior
Wherever you live in South Carolina and whatever school district you are in, from the School District of Pickens County in Upstate South Carolina to the Jasper County School District in the Lowcountry region, the Lento Law Firm Student Defense Team can help your family if your elementary, middle, or high school student is facing disciplinary action for off-campus behavior that allegedly violates the school's conduct code. It is critically important that your student be able to focus on the demands of pursuing their education, and being distracted, anxious, and confused because of disciplinary measures they may not have realized were possible can cause irreparable harm. The Lento Law Firm is here to make sure that does not happen. Years of experience representing students at schools across the country have given the Student Defense Team at Lento Law Firm an unparalleled depth of understanding of even the most complex issues young students face. Call 888.535.3686 or tell us about your case on the Lento Law Firm Student Discipline Defense website.
