The Impact of Off-Campus Actions on School Life in Vermont
Whether students attend Burlington Public Schools, Montpelier Roxbury School District, Essex Westford School District, or Champlain Valley Schools, they may face discipline by the school for off-campus conduct. School districts are increasingly looking at off-campus conduct, especially material posted on social media, to discipline students. Whether or not any particular off-campus misconduct will result in school discipline depends on the connection between the alleged misconduct and school welfare.
If the school does seek to discipline your student for off-campus conduct, you may become concerned about the long-term consequences. Even a single expulsion from school will dramatically increase the risk of a youth dropping out of high school. A middle or high school student who receives a suspension from school is more likely to:
- Fail academically or experience falling grades.
- Enter the juvenile justice system, particularly if suspended in middle school.
- Be disciplined for truancy or drop out.
- Be denied entry to a college or university because of the record of discipline.
If you have received notice that your child is facing discipline by the school, you may feel overwhelmed. The Lento Law Firm can help—they are experienced in representing middle and high school students accused of misconduct. The Lento Law Firm Student Defense Team represents students accused of wrongdoing, whether the accusations occurred on or off campus. After years of student representation, the Lento Law Firm knows that school discipline can create insurmountable challenges for middle or high school students. Contact the Lento Law Firm by calling 888.535.3686 or leave your details online so we can contact you. The Lento Law Firm is nationwide—we can represent your student in Vermont or any other state.
Off-Campus Misconduct and School Discipline
In Vermont, a student can be disciplined for conduct:
- If it happens on school property.
- If it occurs at a school activity.
- If it occurs en route to school property or activity, including on a school bus.
- When direct harm to the school's welfare or other students is involved.
Whether off-campus misconduct results in “direct harm” to the “school's welfare” depends on whether the alleged misconduct is related to school activities or interests. Consider whether the school will seek discipline if your teen takes a vehicle without authorization and goes joyriding. If they do this alone, the school district is unlikely to get involved. There is no harm to the school, and no other students are involved. But if your teen were to joyride with two other students from the school, it becomes more of a school issue. Then consider if your teen goes joyriding while returning from a school football game with other team members, resulting in an accident. School interests and the school's welfare are involved, and the school will almost certainly take action. The school action question depends on whether the school sees an interest in the misconduct issue.
Off-Campus Misconduct and School Responses in Vermont Schools
Misconduct does not involve “direct harm to the school's welfare” or the success of other students.
It is unlikely that a school district will seek discipline against a student's misconduct if the behavior is not related to the school or other students. If the school did propose discipline in this situation, a parent would be more likely to challenge the proposed discipline successfully.
Misconduct is indirectly related to school welfare or interests or the success of other students.
A school district is more likely to take action when it sees a link between the alleged misbehavior and the interests of the school. This may involve potential harm to another student or disruptive activity to the school. An example of this situation is the 2023 case of a Champlain Valley student who uttered a racial slur in a TikTok video she posted. The school became aware of the slur and sought discipline against the student. The school's interest became apparent when two opposing teams refused to play against Champlain Valley because of the racial slur and the school's perceived failure to address it. Ultimately, the player was suspended for at least one game, removed as captain, and began restorative justice activities.
Speech outside of school, particularly on social media, may be related to the school and form the basis for discipline. The school may take action if a mention of violence or suicide occurs or if it sees the posts as cyberbullying. However, other speech or online activity may be less connected to a legitimate school interest or involve protected speech.
Misconduct and school welfare or student success are clearly connected.
The nexus between off-campus misconduct and the school is sometimes clear and direct due to connections to the school. Depending on the strength of that nexus, the school system's response may vary. However, when a clear connection exists between off-campus misconduct and the school, it is essential to begin a dialogue with the school to prevent suspension or expulsion.
Suspension and Expulsion
A suspension is exclusion from school for less than the remainder of the school year. A short-term suspension is for ten days or less, while a long-term suspension is for more than ten days. Under the rules, long-term suspensions are treated like expulsions.
An expulsion is removal from the school and may involve other schools in the district.
Before a student is subject to a suspension or expulsion, they must be afforded “due process.” Due process means that:
- The school provides notice of the charge or alleged misconduct.
- The school explains the evidence to the student.
- The student can respond and “tell their side of the story.”
- The student receives a decision in a timely way and has appeal rights.
Students who pose an immediate threat can be suspended or expelled before due process occurs. Otherwise, due process must occur before discipline.
The Consequences of Suspension or Expulsion
The effects of suspensions or expulsions are far-reaching and may indefinitely affect the student's opportunities. Student discipline can have both short- and long-term impacts, which can be substantial.
Short-Term Effects:
A student suspended or expelled will miss valuable classroom instruction, which may lead to falling grades. In Vermont, schools are encouraged but not required to make alternative teaching arrangements for suspended students. Even when such an arrangement can be made, missing classroom time with peers may limit the value of alternative instruction. For students in AP courses, missing even a few classes can result in an inability to pass the test with a score adequate for college credit. Suspended students are less likely to receive any academic honors and are less likely to graduate.
Particularly Negative Effects on Middle Schoolers
Middle school students are particularly at risk when traditional discipline is used unfairly or arbitrarily. An American Institute of Research study found that suspended middle school students were more likely to misbehave in the future. Middle school students are also more likely to disengage with school after a suspension or other discipline, especially if they feel the discipline was unfair. Restorative practices are beneficial for middle school students accused of misconduct.
A suspension can have a devastating short-term effect, and even a short suspension can result in a “domino effect” of falling grades, lost extracurricular activities, and lost interest in school.
Long-term Consequences:
The most surprising effect of traditional discipline was its far-reaching effect on college admissions and later educational opportunities. The Center for Community Alternatives found that 73 percent of American colleges collect disciplinary data on applicants, and 89 percent of those use it in admissions. As unthinkable as it may be, discipline in middle or high school can affect whether your student is admitted to the university of their choice years later. Even minor differences can make all the difference in the competitive college admissions environment.
Parents or guardians of students who will be applying to competitive college admissions should take action to clean up their children's academic records before the college application process begins. The competition for admittance into colleges is so intense that even a tiny negative mark may result in the denial of admittance to a student.
The Lento Law Firm can assist parents in preventing the consequences of discipline from damaging their child's future. Call the Lento Law Firm Student Defense Team and discuss your concerns on how a disciplinary record might affect your student long-term. They can advise you on how to prevent a disciplinary record from harming your student's long-term education opportunities. We will assist you in effectively discussing this issue with the school and can represent and advise you in your efforts to protect your child's reputation and future.
Vermont is Moving to Restorative Justice Model
The Vermont Legislature passed Act 35 in 2021 to address problems with school discipline in Vermont. Act 35 seeks to reduce suspensions and expulsions in Vermont schools, emphasizing restorative practices. The Legislature noted that traditional discipline appeared to set students up for failure and led to increased odds of dropout and involvement in the juvenile justice system.
The Vermont Legislature has asked that Vermont schools identify best practices for student discipline that:
- Minimize law enforcement involvement.
- Are responsive to student trauma.
- Are based on restorative action that supports the student's social, emotional, and mental health.
Restorative practices can include classroom discussions, meetings with victims or groups, and community service.
Some types of misconduct are excluded from restorative practices and involve mandatory traditional discipline, including expulsion. These severe accusations include bringing a gun or knife to school, bringing an explosive device to school, or making a bomb threat. If your student has been accused of this type of misconduct, restorative practices will not be offered, but the Lento Law Firm can effectively represent and defend your student against these charges.
Restorative Justice
If you are facing discipline in a Vermont school, you should request the use of restorative justice. Restorative justice involves the following elements:
- Restorative justice emphasizes the effect of misconduct on communities and people and victims' rights.
- Students are given counseling and support to make better future decisions.
- Students are asked to reflect on their errors and grow from them. They are treated as responsible, worthy of effort, and capable of modifying their behavior.
Navigating the School Disciplinary Process in Vermont
Vermont is moving from a traditional discipline model to a more progressive model based on restorative justice. But in the aftermath of the pandemic, a significant teacher shortage is playing out nationwide, and healthy practices can be time-intensive for staff. The school system may take more traditional discipline without the staff necessary to pursue restorative techniques. Your school may also be resistant to change. The Lento Law Firm can work with the school to help formulate a plan based on healthy practices. The Lento Law Firm Student Defense Team will give you confidence that you are acting appropriately and doing all you can to protect and defend your student.
The Lento Law Firm Student Defense Team will be able to:
- Advise you on the appropriate use of progressive discipline and restorative practices, given your student's history and the alleged misconduct.
- Investigate the allegations and correct any misunderstandings or inaccuracies.
- Create lines of communication with the school such that the matter is collaborative.
- Negotiate with the school to reduce the discipline and to remove mention of proposed discipline from the student's file.
- Advise and assist with the appeals process, if necessary.
The Lento Law Firm Will Protect Your Child's Future
The Lento Law Firm has successfully represented hundreds of students nationwide for all types of misconduct accusations. If your student is disciplined for off-campus behavior, you need a tough, dedicated attorney familiar with the law and process. The Lento Law Firm Student Defense Team has the experience to represent your student and protect their future opportunities. You should contact the Lento Law Firm immediately if your student faces suspension, dismissal, alternative placement, or severe discipline, as time may be of the essence. Call 888.535.3686 or provide your details online, and we will contact you.
