Private High School Expulsion

The Shock of Expulsion

The day that you receive a phone call from your child's private high school informing you that your student child has been kicked out of school is a dark day. Unless your student child has had prior disciplinary infractions with the private high school and you have been aware of these wrongdoings, the news of dismissal from the school may be shocking and overwhelming. Confusion and disbelief are natural reactions, and anger along with them.

Overturning Expulsion

After the disbelief, confusion, and anger dissipate, both parent and child may quickly come to the point of wanting to challenge and overturn the expulsion. The time comes to explore your legal options. Under what grounds can your private high school expel your student child? Are there opportunities to appeal their decision? What are the rights of your child at this private high school? What can a parent and student do to challenge and overturn the expulsion?

These are important questions to consider when addressing the topic of private high school expulsion. Answers to those questions depend upon the individual private high school, their codes of conduct, the school's established disciplinary procedures, the legal contract between your child, you, and the school, and other factors pertaining to your case.

Let's tackle these issues—and more—to provide a better understanding of how private high schools operate, the relationship between a private school and their students and families, what protections your child is entitled to at a private school, and your legal options for responding to a private high school expulsion.

Overview of Private School Education

Under the United States Constitution, parents have a fundamental right to direct the education of their children. The Supreme Court, in 1925, recognized that “liberty”—as protected by the Fourteenth Amendment—includes the right to choose a private education. States may require parents to educate their children. But states may not require parents to send their students to public schools over private schools. Parents have the right to choose and pay for a private education for their children.

About fifteen states offer voucher programs that permit parents to use public funds to pay for certain private schools or private school programs and services. Outside of those voucher programs, states generally fund private schools only for certain things like special education and disability services. Indeed, the Constitution restricts some public funding of private education. Generally, then, the student's rights at a private school depend on the private contract between parent and school, not on public laws governing due process in education.

Specifically, the First Amendment prohibits government from establishing religion. States must therefore not use public funds for religious education, even though state funds may go to a religious school for other student services. Individual states have the power to regulate private schools. However, any regulation of private schools that are religious institutions must conform to the First Amendment's guarantee of the free exercise of religion.

Policies and Procedures at a Private High School vs. a Public High School

The policies, protocols, and procedures in place at private high schools can differ significantly from those of public high schools. And this difference in practices is due to the primary source of funding for each of those educational institutions.

Public High Schools

Public schools are generally free and open to everyone. Public high schools operate as governmental institutions. These schools are essentially an extension of the state education departments. State and local governments provide the funding for public schools, and public schools must adhere to state and federal laws. These laws provide public high school students with certain constitutional and procedural protections. Those protections shield students against discriminatory actions by governments. Title IX and the Individuals with Disabilities Education Act are two examples of anti-discrimination laws protecting public school students.

When a public school disciplines a student at a public high school in a way that interferes with the student's continuing education, such as by expulsion, the student has the legal right to defend themselves against allegations brought by the school. The Fifth and Fourteenth Amendments of the U.S. Constitution guarantee the student due process. Due process means that the school must notify the student of the allegations against the student and then give the student a fair hearing at which to dispute those allegations.

Private High Schools

Unlike public high schools, private high schools do not receive their primary funding—if any—from state and local governments. Instead, private schools charge tuition to pay for the cost of operating the school. Students must also complete an application process to gain admittance to the school.

Because private schools are not an extension of government, and instead operate independently, the U.S. Constitution does not require private schools to offer the same procedural protections for their students that the Constitution requires of public schools. The U.S. Constitution does not guarantee a private school student due process. In private high schools, when there are disciplinary infractions, the student's rights instead depend on contractual promises, not constitutional protections. And that is an important difference.

Why It Is Important to Understand the Contractual Relationship Between Private High Schools and Their Students

The relationship between a private high school and its students (and the student's parents) is a contractual relationship. As part of the acceptance and enrollment process at a private high school, the students and their parents accept and agree to the policies of the school. The tuition contract incorporates the private school's policies and procedures. The parent and student receive whatever rights and protections that the private school promises in those policies and procedures.

Private schools tend to define their policies and procedures in a Parent & Student Handbook. Private high school students and their parents typically receive the Parent & Student Handbook prior to the start of the academic year, which outlines the school's code of conduct, policies, and disciplinary procedures. Private schools typically require students and their parents to acknowledge this handbook and sign an agreement form prior to enrollment. In doing so, the parents and their student child have entered into a contractual agreement with the private high school.

The Importance Of The Parent & Student Handbook At Private High Schools

The Parent & Student Handbook that is issued by a private high school conveys several significant pieces of information, from the school's overall mission and philosophy, to academic requirements and disciplinary policies. The purpose of the handbook is more than practical, however. The Parent & Student handbook is the document that outlines the contractual arrangement between the private school and its students and parents. The handbook articulates the rights and responsibilities of both the school and the student and student's parents, while setting forth the expectations of the school as to the student. In short, the handbook states what the student and parents can expect from the school.

Contract Promises

Contract law thus binds private schools to the policies, procedures, and student codes of conduct that they express in the Parent & Student Handbook. When the private school alleges that a student has committed a wrong that violates the rules that the private school has spelled out in the handbook, then the handbook will generally state how the school must decide those allegations. The handbook generally also defines the procedures for parents and students to challenge the allegations. The handbook may also define any appeal that the parents and student may have from the school's adverse finding. The handbook also generally defines the potential penalties. If a student violates the code of conduct to which the student agreed in the handbook, then the violation may result in disciplinary action from the school in accordance with the policies outlined in the handbook.

Contract Breach

A private school handbook, though, is a two-way street. If the school violates the policies and procedures that the school has promised in the handbook, then that violation may be a breach of the school's contract promises to the student and parents. Just as the student must comply with the handbook, so, too, must the school comply. If the school fails to do as it promised in its own handbook, then the parents and student may be able to enforce those handbook promises to relieve the student of expulsion. Some common contract promises in private school handbooks, ones that private schools sometimes breach when expelling a student unfairly, include:

• to timely notify the student and parents in writing of a disciplinary charge that could result in expulsion;
• to share with the student and parents the statements, documents, video, or other evidence supporting the disciplinary charge;
• to interview the student or otherwise hear the student's explanation after the student is well aware of the charge;
• to allow the student and parents to present any other exonerating or mitigating evidence;
• to have an impartial decisionmaker hear the evidence and decide the charge;
• to give the student and parents a written decision on the charge, summarizing the supporting evidence; and
• to allow the student and parents to appeal expulsion or other sanction to an independent appeal officer or panel.

Opportunities to Avoid or Overturn Expulsion

A private school's contractual obligations, expressed in its handbook, give national academic attorney Joseph D. Lento several substantial opportunities to advocate effectively against a student's expulsion. Private schools generally do not wish to expel students unless circumstances compel them to do so. Attorney Lento assists parents and students in showing the school, whether through the above procedures or through private negotiation, that the full circumstances of the matter do not warrant expulsion. Attorney Lento can help the student and parents respond to the first notice of a disciplinary proceeding, evaluate the charges, gather and present explanations and evidence, and otherwise manage the proceeding and communications to the best effect. Like hundreds of other students facing school sanctions, trust attorney Lento to advocate effectively on your behalf.

Disciplinary Infractions at a Private High School

To accomplish their educational objectives, private high schools—like other schools—must establish minimum standards of behavior that are intended to protect the safety, health, welfare, and property of its student body, staff, and faculty. These standards are outlined in a school's code of conduct, and serious violations of these codes may result in a serious punishment such as dismissal—or expulsion—from the school.

At Seton Hall Prep School in West Orange, New Jersey, the private high school encourages its students to “familiarize themselves with both the philosophy and disciplinary regulations of the School as found in the Student Handbook, which is provided to all students at the beginning of the year and is on the website.” The information included on the school's public website goes on to say: “At all times, students represent Seton Hall Prep, as well as themselves and their families. Any student that is involved in a serious violation of school policy and philosophy jeopardizes his privilege to attend Seton Hall Prep. This includes incidents that occur both on and off-campus, regardless of their relationship to the school.”

Suffice it to say that, at most private schools, serious violations of codes of conduct can jeopardize a student's right to remain at the school. Every private high school has its own code of conduct. But, generally speaking, codes of conduct address the following disciplinary behaviors and more:

• violence
• threats of violence against others
• assault
• hazing
• hate crimes
• bullying
• harassment
• sexual misconduct
• drug possession, sale, or use
• sexual assault
• rape
• alcohol use
• violating safety regulations
• theft of school property
• vandalizing school property
• stealing from another student or staff member
• threatening the safety of another student or a staff member

When determining whether a student has been unjustly expelled from a private high school, the first step to take is to consult the school's code of conduct and the school's established disciplinary policies for infraction.

The premier California prep school Harvard-Westlake in Los Angeles provides another example of how private high schools use a student/parent handbook to set behavior expectations. Harvard-Westlake's handbook goes well beyond simple attendance and academic policies to regulate all kinds of student behavior. Harvard-Westlake's handbook of course demands academic integrity. The handbook prohibits plagiarism, cheating, and copyright violations in academic work, defining each of those terms. But the handbook goes on to address these other student behaviors:

• alcohol and drug possession, use, or sales on campus or at school events;
• smoking, vaping, or other use of nicotine products;
• assembly behavior and dress;
• noise, order, and misuse of electronic devices;
• campus cleanliness and respect for property, prohibiting vandalism.

Harvard-Westlake students who violate the school's behavioral policies may suffer detention, loss of student privileges, suspension, and probation, all the way up to dismissal. The school's handbook also warns that it may report student discipline to any college, university, scholarship program, or other academic program requesting discipline information. Private high schools take disciplinary infractions seriously.

Disciplinary Process at Private High Schools

All high schools—private and public—must abide by the rules that they have set for their students in the code of conduct. Schools have an obligation to treat their students fairly, in a consistent and reasonable manner. By establishing a disciplinary process, the school can ensure that its students receive equal treatment with regard to their rights and protections. Failure to provide the same treatment to each student may lead to a claim that the disciplinary action was arbitrary, inconsistent, or based on unlawful reasons. Such behavior would serve as the basis for a discrimination case.

Informal Conferences with School Administrators

Every private school has its own disciplinary process. This may include a conference with the student, parents, and school administrators to discuss the alleged wrongdoing. Some schools allow an attorney to be present for this conference to serve in an advisory capacity. The school administrator may present the evidence of the misconduct and propose a penalty. At that time, the student may accept or reject the penalty. If a student chooses to reject the finding and/or the penalty proposed by the school, the student may then participate in a formal hearing on the matter.

Attorney Joseph Lento has fulfilled the role of legal advisor at these informal conferences in numerous cases. Attorney Lento works with the student to help identify and gather the information needed for the informal conference and prepare a defense of the allegations. Attorney Lento also researches and analyzes the school's policies and codes of conduct, investigates the specific violation that is alleged, and examines the evidence provided by the school. Attorney Lento reviews the findings and proposed penalties, collects evidence to exonerate the student, and counsels the student on how to proceed during the conference.

Formal Proceedings

If a student rejects the school's finding of wrongdoing and/or the proposed sanctions, the school may then hold a formal hearing on the matter. In a formal proceeding, the student may again be permitted to bring an attorney to serve in an advisory role. At a formal hearing, the student may have the opportunity to present evidence to refute the allegation of misconduct and call witnesses to speak on their behalf. In most cases, the school administrators deliberate on a decision in private and then communicate their final decision to the student.

Attorney Lento provides representation through all of the school proceedings, drawing upon his experience as a trial attorney and his knowledge of the laws concerning school expulsion. Attorney Lento works with the student to prepare the student's testimony, identify witnesses, develop lines of inquiry for witnesses, provide questions and tactics for cross-examination, and conducts tailored interview preparation. Attorney Lento evaluates the school's findings and penalties, prepares an appeal where permitted, and negotiates with the school for a compromise resolution.

Appeals

Some private schools allow a student to appeal the school's finding and the penalty of dismissal under the student code of conduct. Attorney Lento has extensive experience handling appeals in these instances, and brings recognized skill in performing legal analysis. Attorney Lento adeptly identifies the grounds for appeal and strategically develops a strong appellate argument.

Student Reinstatement

In some cases, a student that has been dismissed from a school may have the opportunity for reinstatement—essentially reversing the student's expulsion from the school. When granted reinstatement, the student is able to resume their education at the school. Every private school has its own rules and procedures regarding student reinstatement—if they allow it at all. Attorney Lento has the demonstrated skills necessary to successfully advocate for students who are requesting reinstatement at the school.

Filing a Lawsuit Against a Private High School

Oftentimes, when one hears that a student has been expelled from a school, there is an assumption that the student must have done something severe to warrant expulsion. And that can be very far from the truth. Many private schools rely on unsupported evidence to bring an allegation against a student and are quick to impose a punishment. In many cases, a student's rights have been violated, and they are treated unfairly. When a student is unjustly expelled from a private high school, Attorney Joseph D. Lento holds the school accountable for their actions and vigorously protects the student's rights.

For a recent example of a lawsuit brought against a private high school for unjust expulsion, consider the case brought against The Frederick Gunn School in Connecticut.

In March of 2020, a lawsuit was filed against The Frederick Gunn School on behalf of a student at the school. The lawsuit claims that, in November 2019, the student was unjustly dismissed from the school during his senior year after the student used a two-word profanity at the football coach during a school football game. The Frederick Gunn School, located in Washington, Connecticut, is a coeducational college preparatory boarding and day school.

The lawsuit cites negligence, a breach of contract, and reckless or wanton misconduct and is seeking monetary damages, expungement of the student's record, and to have his expulsion vacated. The Frederick Gunn School, in its legal filing, has said that the private school has a right of “free association—to accept, decline or, in this case, expel students based on certain criteria.”

There may be many justifications for filing a lawsuit against a private high school for unfair expulsion. The grounds for bringing a claim depend upon the unique circumstances of that particular case. That being said, the following are just a few examples of possible grounds for a claim of unjustified dismissal:

Breach of Contract

As stated earlier, the relationship between a student and a private high school is contractual in nature. When an admission agreement is signed and money is paid to the school, there are certain expectations for both parties. If the private school does not provide the things that are specified in the contract, then the student may file a claim for breach of contract. Academic attorney Joseph Lento uses the law to fully interpret all of the terms of the contract that was signed between a private school and its students to skillfully build a case of breach of contract.

Discrimination

If a student is expelled from a private high school based on allegations of misconduct, it is important to evaluate the protocols for this dismissal. Did the private school follow the same disciplinary process afforded other students at the school who were accused of wrongdoing? Is the act of expulsion from the school retaliatory in any way? Is the evidence for the alleged misconduct biased?

When a private school imposes sanctions against a student that do not correlate with the punishments that were doled out to other students for similar wrongdoing, then the student is not being treated fairly. In these instances, there may be sufficient evidence to warrant a claim of discrimination against the school. Attorney Lento is passionate about protecting student's rights and ensuring that schools treat their students fairly and uniformly. Attorney Lento aggressively pursues justice for students who have been discriminated against by their private high school.

Violations of Free Speech

Sometimes a student—or their parent—expresses a concern or issues a complaint with a school. When officials at the school retaliate against the student or parent for expressing their views, this action may be considered a violation of free speech as guaranteed under the First Amendment of the U.S. Constitution. Attorney Joseph D. Lento aggressively defends a student's right to free speech and fights against the school's intimidation tactics.

Title IX Procedural Violations

Title IX, a federal civil rights law, was passed as part of the Education Amendments of 1972. Title IX laws protect people from discrimination based on their sex in education programs or activities that receive Federal financial assistance. While these protections always apply to students of public schools, federal funding regulations may hold that private schools must offer their students contractual guarantees of fair procedures. Academic attorney Joseph D. Lento advocates for a student's rights and interests to hold public and private high schools accountable for instituting fair processes for their students.

Negligence

If a school has a responsibility to provide you with something—such as a safe learning environment, for example—and they fail to provide that, you may be able to file a claim of negligence. Academic attorney Joseph D. Lento ensures that private high schools provide their students with their agreed-upon rights and protections.

Fraud

Private schools often make promises in their literature, in their student handbooks, and in conversations with school faculty and administrators. Sometimes, a school misrepresents what it will offer to a student. Unfortunately, this untruth is only discovered once the student has accepted enrollment in the school and paid the tuition bill. When a student has been enticed to enroll in a school based on false claims, the student may have the basis for a claim of fraud against the school. Academic attorney Joseph D. Lento uses successful legal strategies to hold private schools accountable for the promises they made to their students and families.

Steps to Take If You Are Facing Expulsion From a Private High School

While students at private high schools are not afforded the same rights and constitutional protections as public high school students, this does not mean that private school students must merely accept being kicked out of school for whatever reason and go away quietly with their tail between their legs. If you are facing expulsion from a private high school, there are steps to take to address your situation, and these measures should be taken with your head held high.

Don't Be Intimidated

Yes—it is difficult as a high school student not to feel that you are small and powerless against the powers that be at a private educational institution. Many private high schools receive sufficient funding to thwart any legal action taken by a disgruntled student and their family. But don't let this intimidate you. Adopt a positive attitude and surround yourself with a supportive network of family and friends.

Secure Skilled Legal Representation

Expulsion from a private high school is a serious matter that requires serious legal representation—and demonstrated experience matters when it comes to filing a lawsuit against a private educational institution that has unjustly dismissed you from school. Academic attorney-advisor Joseph D. Lento has extensive experience handling cases nationwide that involve student expulsion from both private and public schools.

Important Considerations Before Filing a Lawsuit Against a Private High School

Before immediately pursuing legal action against a private high school because they expelled your child, it is prudent to consider some important issues.

Step One: Consult with an Attorney-advisor

The first step is to consult with an attorney-advisor who has demonstrated experience in handling school expulsion cases. A skilled attorney will review the basis of the expulsion and evaluate the strength of your case for pursuing legal action against the school. If your case meets the criteria for a lawsuit, your attorney will take the necessary steps to develop a strong and compelling case on your behalf. If your case does not merit a lawsuit, a knowledgeable attorney may propose another avenue for recourse that protects the rights of your student child.

Follow the Grievance Procedures Set Forth by the School

By following the grievance procedures set forth by the high school, you will demonstrate that you intend to resolve any issues regarding the expulsion by utilizing the protocols that have been established by the school. You also demonstrate your willingness to work towards a resolution of the situation as well as your commitment to following through with your grievance.

File An Appeal

If your private school has imposed sanctions against your student child that you believe are unjust—such as an expulsion—then it is important to file an appeal of their decision. The timeframe for filing an appeal is usually limited—perhaps only 5 - 10 days—so don't delay in taking this important step. By filing an appeal, you indicate your commitment to fighting the dismissal charge. It is in your best interests to resolve the situation with the school through other means, rather than filing a lawsuit.

File a Lawsuit

If you try all of the available methods to resolve the matter with the school and these efforts fail, then the next step is to prepare to file a lawsuit. First, collect and organize all of the evidence to support your case. Then consult with an experienced attorney and present them with all of the materials you have gathered regarding the unjust expulsion. It is important to select an attorney who has successfully represented students who have been expelled from private schools. So do your research and find an attorney who is best suited for your particular expulsion case.

Filing a Lawsuit Against the School: Key Steps in the Process

Once you have exhausted all other avenues for resolving your case with the school and you decide you still want to hold the private school accountable for expelling your student child, the next step is to file a lawsuit. It is important to understand the process of filing a lawsuit; some of the key steps in the process are as follows:

• Select an accomplished legal advisor who has hands-on experience handling cases involving school misconduct, disciplinary infraction, codes of conduct violation, and expulsion at private high schools. Attorney Joseph D. Lento has spent years working with students all across the country who are facing disciplinary charges at both public and private schools, including facing expulsion from school
• Review your complaint with your attorney-advisor, evaluating all of the evidence you have compiled to support your case
• Your attorney-advisor will file an administrative complaint, which is an important document that lays the foundation for any future legal actions
• Your attorney-advisor will investigate the claim of wrongdoing alleged by the school and perform an analysis of the claim's merits
• Your attorney-advisor will prepare all elements of your lawsuit against the private high school and file the lawsuit in court. A dedicated attorney will keep you apprised of any updates in your case every step of the way in the process

Making the decision to file a lawsuit against your child's private high school due to your student child's expulsion from the school requires a firm commitment to see the legal proceeding through to the end. Do not enter into this endeavor lightly. If you have questions or concerns about taking this legal action, consult with a skilled attorney with experience handling school expulsion cases.

Frequently Asked Questions Regarding Private High School Expulsion

FAQ: What is the difference between expulsion from a private high school and a suspension from a private high school?

If a student is expelled from a school, they are permanently dismissed from attending the school. If a student is suspended from a school, this is a temporary measure. Suspended students may reapply for admission to the school.

FAQ: Can a private high school expel a student without a formal hearing of the charges?

Yes. Some private schools permit a formal hearing of any allegations of wrongdoing; others do not. Private schools are bound by the disciplinary policies that they establish for their students. As long as these policies are clearly articulated in a student handbook or code of conduct and agreed upon by the student, then the schools may enact the sanction that they deem to be appropriate for the infraction.

FAQ: Is it legal for a private high school to keep my tuition money after my student child has been expelled from the school?

Yes—it is legal for a private school to keep your tuition money after expelling your child if this is specified in your contract. For example, if your enrollment agreement with the school—which is a binding contract—states that if a child faces expulsion from the school, the parents are still responsible for the cost of attendance, then the school can hold on to your money.

FAQ: Can I sue to get my tuition money back if my child has been expelled from a private high school?

Yes. It is in your best interests to try to have your money refunded. If, for example, it can be demonstrated that the school unjustly expelled your child, or that the school broke their contract with you, this may serve as the basis of a claim to have your tuition money returned.

Was Your Child Expelled From a Private High School? Let's Get Started on Building a Strategic Defense

Sometimes, when parents learn that their student child has been expelled from school, it is a complete shock. Usually, their parental instinct is to immediately defend their child. Parents assume that the allegations of disciplinary misconduct brought against their child are false, and they vow to fight the school with everything they've got. And, in some cases, the alleged wrongdoing is untrue, and the grounds for dismissal are, in fact, unwarranted. In other cases, the behavioral misconduct is true, but the act of dismissal itself is unjustified. Sometimes a student's rights have been violated, or students have been discriminated against. All of these scenarios—and more—warrant a vigorous defense.

Academic attorney-advisor Joseph D. Lento has spent years defending students against disciplinary actions brought by their schools. Academic attorney-advisor Joseph Lento has successfully handled hundreds of code of conduct cases at both private schools and public schools. Attorney Joseph Lento is experienced in handling expulsion hearings and appealing school expulsions. Drawing on his extensive experience and knowledge of the law, academic attorney-advisor Joseph Lento skillfully represents his clients, building a strategic, tailored defense of the charges brought against them and fighting against expulsion. Lastly, when a client's rights have been violated and a school has not been receptive to a reasonable resolution, attorney Joseph Lento and his team have taken schools and schools districts to court across the United States and have prevailed.

Academic attorney-advisor Joseph Lento is dedicated to protecting the rights of students, and he works tirelessly on their behalf to achieve the most favorable outcome in each student expulsion case. To learn more about how Attorney Joseph Lento and the Lento Law Firm can help your case, call the Lento Law Firm today at 888-535-3686 or contact us online to arrange for a confidential consultation with Attorney Joseph Lento.