The Impact of Off-Campus Actions on School Life in Nevada
Whether students in Nevada attend the Clark County School District, the Carson City Schools, or the Washoe County School District, they may be disciplined by the school district for conduct that occurs off-campus. It might surprise parents that off-campus conduct or other conduct away from school grounds or property can result in discipline. This discipline comes with consequences that the school and parents may not have anticipated. School districts are increasingly looking at and addressing off-campus conduct, including material posted on social media, to discipline students.
The school disciplinary process is risky for students and may come with a series of unexpected consequences. A middle or high school student who receives a suspension from school is more likely to:
- Receive failing or falling grades.
- Have the suspension affect later college admissions.
- Be disciplined for truancy.
- Be arrested or become subject to the juvenile justice system.
But the Lento Law Firm can help. The Lento Law Firm is 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. The Lento Law Firm knows that a record of discipline can result in life-altering consequences 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 Nevada or any other state.
Off-Campus Misconduct and School Discipline
The issue of whether a school will discipline a student for off-campus behavior is based on whether the alleged misconduct is related to school activities or interests. If your child shoplifts electronic gear alone or with friends not associated with their school, the school district is unlikely to get involved. They will see this as an issue for a parent working with law enforcement. But if your teen shoplifts on a dare with a group of students from the school, the school is more likely to seek discipline against your teen. This is particularly true if a group of students is arrested. If your child steals sports equipment to participate in a school activity with a group of fellow members of the team, the school is highly likely to impose discipline. It just depends on whether the school sees a school issue or interest in the misconduct at issue.
Off-Campus Misconduct and School Responses in Nevada Schools
Where the alleged misconduct is not disruptive of school activities or unrelated to school interests.
The school district is unlikely to seek discipline against a student's misconduct if the behavior is irrelevant to the school and does not disrupt school activities. In this situation, a parent is more likely to successfully challenge the proposed discipline in the off-campus environment.
Where the alleged misconduct is tangentially related to school activities or interests.
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 situation is a “gray area” where there might not be a clear answer whether the school has an interest. This may involve speech outside of school, particularly on social media. The school may take action if there is a mention of violence or suicide 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.
Where a clear connection exists between the alleged misconduct and school policy or interest.
The nexus between off-campus misconduct and the school is sometimes clear and direct due to connections to the school. This might involve vandalism of the property of a staff member or arrest with a group of students or for school-related activities.
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.
The Consequences of Suspension or Expulsion
The Nevada Legislature and Governor spent 2022-2023 debating the limitations of traditional school discipline in Nevada. Most troubling, the disciplinary practices in many Nevada schools appeared to fall disproportionately on students of color. The Legislature noted in discussions that traditional suspension, expulsion, and other discipline appear dangerous and ineffective in deterring student misconduct. The effects of discipline are far-reaching and may affect the student's opportunities indefinitely. Student discipline can have both short- and long-term impacts, and it is vital to address any proposed discipline to limit these effects.
Short-Term Effects:
A student suspended or expelled will miss out on valuable classroom time and may fall behind. Particularly for students in challenging or AP courses, missing even a few classes can result in an inability to pass the class or to get a good score on later standardized testing. High school students are far less likely to receive academic honors or college credit if suspended or expelled.
While schools were initially quick to adopt “zero tolerance” policies in response to school fights or violence, these policies have often forced administrators to discipline students inappropriately. Even if a student was not the instigator of a fight, that student may be punished if he decides to fight back. This has led many states, including Nevada, to question whether severe discipline is always appropriate when students fight.
Short-Term Effects on Middle Schoolers
Middle school students are particularly at risk if subject to unfair or arbitrary discipline. An American Institute of Research study found that middle school students were more likely to misbehave in the future after a suspension. The longer a suspension, the more likely a student was to engage in misconduct or “act out.” It is increasingly clear that middle school students are at a critical stage of development, and any discipline must be chosen and undertaken carefully.
A suspension can have a devastating short-term effect. While a student may be motivated to do coursework at home, it is often tough without classroom time and instruction. Even a short suspension can result in a “domino effect” of falling grades, lost extracurricular activities, and lost opportunities.
Long-term Consequences:
The most severe and surprising effect of high school discipline was the lingering effect it appears to have on the ability of a student to be admitted into the college of their choice. 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. While students joke about their “permanent record,” it appears that it exists in reality and may significantly negatively impact college acceptance. Colleges and universities were most concerned with accusations of cheating or academic misconduct, but they also considered other issues of misconduct.
For these reasons, parents or guardians must be proactive in “cleaning up” their children's disciplinary records before the college application process. 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.
Nevada is Moving to a Model of Progressive Discipline and Restorative Justice
In 2023, the Nevada Legislature passed AB 330 and AB 285, which changed the laws governing student suspension, expulsion, and other discipline. These new statutes also require school districts to implement progressive discipline and restorative justice. The Lento Law Firm Student Defense Team is knowledgeable on these issues and can facilitate and support this process even when the school is reluctant.
Discipline in Nevada Schools Must Be Progressive
Progressive discipline involves a policy of gradually escalating consequences for misconduct or misbehavior. No school district may now automatically turn to expulsion, even where issues of violence or the use or sale of controlled substances are involved.
Under progressive discipline:
- The student must have positive support and interventions.
- There must be a plan for behavioral intervention in place.
- The student may need a referral to community-based counseling or other interventions.
- The student and the parent or guardian must have a conference with the school principal and be a part of selecting and imposing discipline.
- If a student is eventually expelled or suspended, a plan must be put in place for reinstatement.
Under a theory of progressive discipline, behavioral issues must be addressed at the lowest level possible and progress only where continued misconduct occurs. The Nevada law is clear that progressive discipline is essential, even in instances of drug trafficking or assault.
Discipline in Nevada Must Emphasize Restorative Justice
The district may be more receptive to the informal resolution of discipline based on education and prevention, where alleged off-campus misconduct is less connected to the school. But even with severe misconduct issues connected to the school, it is essential to emphasize that you expect the school to use progressive discipline and restorative justice.
Restorative justice involves the following elements:
- Restorative justice activities emphasize the rights of communities and people negatively affected by misconduct or behavior.
- Students who have engaged in misconduct that harms others are given support structures that help them make better future decisions.
- Students are asked to think about the errors they have made and are asked to grow. The students are treated as responsible and worthy of effort with the ability to modify their behavior.
Navigating the School Disciplinary Process in Nevada
While Nevada is moving away from a traditional discipline model, the recent change in the law was not without its detractors in the education community. Your school district may resist the changes, mainly where more serious issues are involved. The Lento Law Firm can work with the school to help your student grow and move past alleged misconduct. 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:
- Inform and advise you on progressive discipline and determine the appropriate discipline type, given your student's history and the accusations involved.
- Investigate the allegations and correct any misunderstandings or inaccuracies.
- Open lines of communication with the school system so that restorative justice and collaboration are the basis of the school district's actions.
- Allow your student to tell their side of the story. The Lento Law Firm Student Defense Team will endeavor to make the process as fair and transparent as possible.
- Negotiate with the school to end or reduce the discipline and to remove mention of proposed discipline from the student's file.
- Advise and assist with the appeals process, if necessary.
- Act to protect your child's reputation and future and to achieve the best possible outcome.
The Lento Law Firm Will Protect Your Child's Future
The Lento Law Firm has successfully represented hundreds of students nationwide for all student misconduct allegations. If your student is disciplined for off-campus behavior, you need an experienced team 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.
