The Impact of Off-Campus Actions on School Life in New Mexico
Whether students in New Mexico attend the Albuquerque Public Schools (APS), the Santa Fe Schools, or the Gallup McKinley Schools, they share a common concern – the possibility of discipline by the school district for conduct that occurs off-campus. Parents may be surprised to learn that conduct at home or away from the school may result in discipline and consequences that the student did not anticipate. While considering off-campus misconduct may strike a parent as an intrusion into family dynamics, school districts are increasingly looking at what students do off-campus, including on social media, and disciplining students on that basis.
The school disciplinary process is a grave matter for students and their families. A middle or high school student who receives a suspension from school is more likely to:
- Experience falling grades.
- Drop extracurricular activities.
- Have the suspension affect later college admissions.
- Be truant or “skip school.”
- Become involved in the justice system.
That's where the Lento Law Firm comes in. The Lento Law Firm is experienced in representing middle and high school students accused of misconduct. The Lento Law Firm Student Defense Team protects students' futures from the consequences of off-campus misconduct. The Lento Law Firm knows that even modest discipline can disrupt the life of a middle or high school student and may result in life-altering consequences. This is particularly so at the middle school level, where studies have shown students will often disengage from school after arbitrary or unfair discipline. 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 New Mexico or across the country.
Typically, the school will decide whether to take action to discipline a teen for off-campus misconduct based on whether the alleged misconduct is related to school activities or interests. If your student engages in shoplifting or unauthorized joyriding in a “borrowed” vehicle, this would typically be an issue for a parent working with law enforcement. If, however, your student engaged in this conduct with a group of fellow students from the same school, the school may seek discipline against the students. If the students in question steal the car of a faculty member or vandalize the home or property of a coach or teacher, the school will almost certainly take action. The question will remain: Does the school have a legitimate interest in the alleged off-campus misconduct?
Off-Campus Misconduct and School Responses in New Mexico Schools
Suppose the alleged misconduct is unrelated to school interests and is not disruptive of school activities. When the student's behavior is irrelevant to the school and causes little or no disruption to school activities, the school is unlikely to take action. In this situation, the parent is more likely to successfully urge that they address the alleged misconduct since it is a family and not a school issue.
Suppose the alleged misconduct is indirectly related to the school's interests. While certain behaviors may occur outside of school, the school may act if the behavior is associated with the school's interest. This may involve the student's social media or other speech that the student engages in. At times, it is clear that the school must take action if there is mention of threats or suicide. Discussions on social media that involve bullying or abuse may lead school officials to become involved even in the absence of a clear connection between the alleged abusive conduct and the school.
Suppose a clear connection between the alleged misconduct and school policy or interest is present. In certain situations, it is clear that the school district must become involved with the off-campus misconduct of a student due to connections to the school. In Las Cruces, two high school students began sharing nude photographs of female students, and knowledge of the sharing of these photos became common among other students. While this behavior took place outside of school, the interests of the school and other student's families were apparent. In this situation, the school will address the misconduct with the student and their guardian or parents, and law enforcement may become involved.
The school's response to off-campus misconduct will vary greatly depending on the strength of the connection between the alleged misconduct and the school. The weaker the connection, the more likely the student or parent will be to challenge the discipline successfully.
The Consequences of Traditional Suspension or Expulsion
It is becoming increasingly clear to experts that traditional suspension, expulsion, and other discipline are ineffective and dangerous. This discipline can have short- and long-term effects that may limit students' futures. It is vital to never treat any school discipline as routine or unimportant.
Short-Term Effects: A student will miss classroom time and education opportunities immediately following a suspension. For many students, especially those taking challenging or AP classes, missing even a few classes will lead to falling grades.
“Zero Tolerance” policies may place school administrators in the position of suspending a student who was not an instigator of a dispute but chose to “fight back” against the aggression of another student. In this way, “straight A” students may end up with suspension or other discipline and face the reality of the effects of such discipline. High school students are far less likely to receive academic or college credit or honors following a suspension.
If the effect of a suspension is complex for high school students, it can be disastrous for middle school-aged students. One American Institute of Research study found that middle school students were more likely to misbehave in the future after a suspension. Most troubling was the finding that the effect was related to the length of the suspension – the longer the suspension, the worse the impact on a middle school student. Students this age are at a critical stage of development and may disengage from school if they see discipline as inconsistent and unfair.
While your student may attempt to keep up with the coursework at home, it is often exceedingly difficult. Even a short suspension can present impossible hurdles for your student to overcome.
Long-term Consequences: While a suspension's immediate or short-term consequences are troubling, discipline's long-term effects are much more severe. Half of all US high schools disclose disciplinary records to college admission personnel. The Center for Community Alternatives found that 73 percent of American colleges collect disciplinary data on applicants; of those, 89 percent use it in admissions. In this way, a disciplinary record can significantly negatively impact college acceptance. This effect was most potent when a student was accused of cheating or academic misconduct, but colleges looked at any disciplinary record. Parents should be proactive in cleaning up the records of their children's disciplinary records before the hypercompetitive process of college applications begins. 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 if this concerns you. They will be able to represent your child effectively and open lines of communication with the school to protect your child's reputation and future.
New Mexico is Moving to a Model of Restorative Justice
New Mexico schools' emphasis on discipline cases is shifting in focus and tone. Historically, NM schools have followed a more traditional discipline model, including suspension, expulsion, and alternative placement. But more recently, the NM Public Education Department (PED) has changed policy emphasis in discipline cases from a traditional discipline model to restorative justice and avoidance of suspension or expulsion.
Restorative justice emphasizes how misconduct or crime affects people and communities. PED announced a goal that New Mexico schools would develop a culture relying on behavioral support rather than on discipline as a consequence of misconduct.
As with any policy and practice change, moving from traditional ideas of suspension or expulsion to a restorative justice model will take time. 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.
New Mexico Avoids Suspension or Expulsion of Students Affected by Trauma
NM PED announced in 2022 that suspension and expulsion of students for disciplinary purposes should be particularly avoided where behavioral problems are related to or caused by trauma. Particularly in the aftermath of the pandemic, PED was concerned that students who had been traumatized by recent events should not be further traumatized by school disciplinary efforts.
Discipline in NM School Should Be Progressive
Discipline in NM schools must be progressive under the law. This means that the discipline of your student should begin at the lowest practical level.
Specific issues cannot be addressed at a lower level and progress – these include illegal drug use or trafficking, the possession of a dangerous weapon in school, or serious bodily injury of another student. But for lower-level misconduct, the school system should begin at a lower level of discipline and increase in severity only where necessary.
Progressive discipline steps include:
- Meeting with students and parents to discuss the issue.
- Requiring the student to reflect on the behavior at issue, often through drafting an essay.
- Requiring the parents to provide professional counseling to the student.
- Anger management or other training.
- Restorative justice activities, including community circles with people negatively affected by misconduct or behavior.
- Requiring the student to engage in community service.
- In-school detention or suspension. This may involve disciplinary detention on weekends or evenings but should not involve missed classroom time.
If a student is required to attend in-school detention, they must be allowed reasonable time and access to eat and to use bathroom facilities. Any such detention must be appropriate in light of the misconduct at issue.
Decisions on Discipline of Off-Campus Misconduct
Where alleged misconduct is unconnected to the school, the school may seek a more informal resolution to educate and prevent future issues. If the alleged misconduct is tangentially related to the school, the school will likely be more assertive and more likely to seek discipline.The closer the connection is between the alleged misconduct and the school, the more likely the school district will seek harsher discipline.
Navigating the School Disciplinary Process in New Mexico
While New Mexico is moving away from a traditional discipline model, your school may resist this change. The Lento Law Firm can work with you as a parent and with the school to help your student grow and move past alleged misconduct. With an experienced attorney by your side, you will have peace of mind that you are doing all you can to get your life back to normal and to protect your student's future.
The Student Defense Team at the Lento Law Firm will be able to:
- Advise you on the most appropriate response or level of progressive discipline given the nature of the accusations against your student.
- Investigate the underlying behavior and facts.
- Open lines of communication with the school system so that restorative justice and collaboration can be used, if possible.
- Allow your student to tell their side of the story. Particularly for younger students, the process must be as fair as possible.
- Negotiate with the school to end the process as quickly as possible.
- Advise and assist with the appeals process, if necessary.
- Advise you to protect your child's interests and achieve the best possible outcome.
The Lento Law Firm is Here to Protect Your Child's Future
The Lento Law Firm has successfully represented hundreds of students nationwide for all misconduct allegations. If your teen faces school discipline for off-campus behavior, you need an experienced team. The Lento Law Firm Student Defense Team has the experience to represent your students' best interests and protect their prospects. You should contact the Lento Law Firm immediately if your student faces suspension, dismissal, alternative placement, or severe discipline. Call 888.535.3686 or provide your details online, and we will contact you.
