In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
If your student has a disability, they are constantly facing an education system not designed for them. Schools have the right to discipline students for misconduct, but not everything is so black and white. An accusation of misconduct, whether valid or not, is harder to navigate when not everyone is on the same page regarding the needs of your child.
Allegations of misconduct can alter the trajectory of your student's life. Depending on the severity, expulsion is on the table, and they may face closer scrutiny for the rest of their academic life. Every student deserves a fair and honest disciplinary process, which means educational institutions must respect the unique needs of all students. Wisconsin students with disabilities have rights that protect them before, during, and after any misconduct accusations.
It can be highly distressing when accusations come the way of your student. Young children and university students alike deserve to have their voices heard during disciplinary processes, even if their disability can get in the way. Contact the Lento Law Firm today at 888-535-3686 or through our website contact form. Our Student Defense Team can help protect your students from having their unique needs ignored by the education system during proceedings.
How Disabilities Can Impact Wisconsin Misconduct Accusations
Schools must address misconduct by their students to maintain standards and keep all students safe. However, if school officials are aware of a disability, it can impact the eventual outcome and punishment resulting from an investigation. In other words, hiding your student's disability does not protect them from the school system. While you may fear discrimination, engaging with educational institutions helps them understand your student's needs and address instances of misconduct in a way that doesn't cause them harm.
A disability that is known to school officials can also affect whether an action is worth punishing. For example, a student with a learning disability may reasonably require different learning methods, but it must go through the proper channels to ensure fairness and allow the school to monitor your student's progress. Additionally, in misconduct proceedings, schools must provide disability accommodations to help students feel safe and secure.
In a perfect world, these considerations should allow students with disabilities to face accusations without fear or worry. However, many K-12 institutions and universities fail to provide reasonable accommodations to students who need them. If your student is facing misconduct allegations of any kind, contact the Lento Law Firm Team today to learn about your options for defense.
K-12 vs. College: A World of Differences
Students with disabilities face different challenges depending on the type of school they attend. In addition to specific school policies, federal and Wisconsin state laws differ between K-12 institutions and post-secondary education.
- Parental Involvement: Parents of K-12 children are typically more intimately involved in meetings and engaged in the creation of educational/behavioral plans for their disabled child. K-12 institutions in Wisconsin must work with parents to develop long-term solutions that proactively address issues.
However, higher education generally treats all students as adults, regardless of disability. The Family Educational Rights and Privacy Act restricts parental access to student records without consent, and parents are not the first point of contact for most misconduct investigations.
- Manifestation Determination Reviews: Manifestation determination reviews assess whether a student's behavior or misconduct causes their disability. If a disability is the primary driving force behind the behavior, schools may adjust, lessen, or eliminate disciplinary action altogether.
Federal law requires manifestation determination reviews for K-12 institutions, but colleges follow other federal guidelines and disciplinary procedures.
- Accommodations and Supports: K-12 schools and colleges must provide reasonable accommodations to disabled students to address potential acts of misconduct and assist them during the disciplinary process, even if it takes different forms.
K-12 schools are required to implement plans created in conjunction with parents and monitor students' progress. In contrast, colleges typically require students to make proactive arrangements with disability services if needed.
Even if your student is in higher education, you can assist them by informing them of their rights when accused of misconduct. Parents play an important role after accusations, especially if a student's disability makes it hard for them to advocate on their behalf.
Why Wisconsin Students with Disabilities Might Face Academic Misconduct Accusations
An accusation of academic misconduct can follow your child for the rest of their life and put immediate roadblocks between them and a productive educational future. Disabled students are at greater risk of accusations due to their need for outside assistance to succeed in the classroom.
It isn't uncommon for students with disabilities that hinder their in-class performance to fall behind without outside help. Wisconsin students with a disability receive help per their Individualized Education Program throughout primary and secondary education. In post-secondary education, the assistance given to them depends on the institution's specific policies and the communication between students and school officials. Even with these procedures in place, miscommunication or mistakes can lead to schools accusing your student of serious academic misconduct.
Academic misconduct seems straightforward, but the lines can be blurred when disabilities are involved. For example, if your student needs assistance taking notes, does receiving an extra copy from a friend count as an unauthorized collaboration? Would taping the professor's lecture be allowed?
Ideally, you or your student should make their school aware of any disabilities and start discussions about reasonable accommodations, giving your student a good idea of what type of behavior is and isn't allowed. If you don't communicate with the school, accusations of academic misconduct may arise.
Wisconsin schools can aid a student with disabilities in many ways, including:
- Providing modified assignments that are better suited to the skills and learning capabilities of the student
- Authorizing the use of assistive devices to help record lectures, take tests, and tackle their coursework
- Changing test guidelines, such as swapping to a location that suits your student, adding more time, or providing additional resources like calculators
For most Wisconsin schools, providing accommodations like these isn't out of the ordinary. However, for universities, accommodations typically cannot alter the coursework so much as to weaken the academic integrity of the class.
If your student's school doesn't know about their disability and hasn't authorized any accommodations, they may accuse your student of academic misconduct without a second thought. If this is the situation you already find yourself in, contact the Lento Law Firm Student Defense Team today.
Sexual Misconduct, Title IX, and Disability Rights
Sexual misconduct allegations, especially on college campuses, are treated with utmost seriousness. If your student is being accused of violating Title IX or engaging in other sexual misconduct, their future is at risk.
Title IX requires all Wisconsin institutions that receive federal funding to promptly address allegations of sexual misconduct, take the necessary steps to address the issue, and limit ongoing risk to their students. Most schools go beyond Title IX requirements and create their own set of guidelines for dealing with sexual misconduct on campus.
Due to a variety of factors, disabled students are at a higher risk of being involved in sexual misconduct, either as a victim or a perpetrator. Disabilities may make it hard for students to understand social cues, realize the seriousness of their actions, or navigate intimate situations with care. In many cases, Title IX departments don't completely understand how a student's disability might have affected their actions.
During a sexual misconduct investigation, students with disabilities can face unique challenges, including:
- Difficulty understanding the processes and the severity of the accusations against them
- Challenges communicating their thoughts and feelings effectively, either due to disability or fear
- High levels of stress, fear, or anxiety that can further exacerbate mental health problems
Universities must give students with disabilities a fair opportunity to defend themselves. Schools do not have free reign during investigations, and each student has the right to protect themselves against allegations of sexual misconduct.
If your student's disability may have contributed to their actions, you should contact the relevant school officials who provide accommodations to disabled students and see what options are available. Sexual misconduct allegations, even minor ones, can follow your student like a dark cloud. Contact the Lento Law Firm Team today to start preparing a defense and protect your student's rights.
Disruptive Behavior Accusations in Wisconsin
Wisconsin schools don't want students to disrupt classes or break school rules. For students with disabilities who are facing behavioral misconduct accusations, these actions are often a manifestation of their challenges, not willful disobedience to authority.
Disruptive behaviors make it harder for everyone to learn, including the disruptive party. Very few students purposely go out of their way to make their school life harder, so schools should know that deeper issues might be the root cause. Still, some schools fail to understand how disabilities can play a role in student behavior. Children with disabilities in the K-12 system face suspensions and expulsions at much higher rates, stemming in part from in-class behavior that school officials don't accurately attribute to disabilities.
Children with disabilities may need accommodations that separate them from other students or allow them to learn outside the classroom. If your child's school is ignoring these potential solutions and moving forward with formal behavioral misconduct accusations, contact the Lento Law Firm Team today to help protect your child from repercussions that can end up on their academic record.
Facing False Allegations of Misconduct in Wisconsin
Due to their unique circumstances, students with disabilities are at higher risk of facing accusations of misconduct. Even if a student commits an act against school rules, schools should ideally take time to understand their needs and consider how disability affects their behavior. In some cases, misconduct allegations can disappear once students plead their case.
Similarly, some accusations can stem from a nugget of truth. Students with disabilities may act in ways others find strange, and their understanding of events can differ from what was intended. Schools should take accusations seriously, but they should also afford students with disabilities the chance to explain their side of the story.
However, all students, including those with disabilities, may face completely unfounded accusations. These accusations have the potential to harm the mental health of a student who is already struggling with a disability. If a school is throwing accusations at a student with no underlying basis of fact, it can be tough to trust that the school is also respecting the reasonable accommodations afforded to students with disabilities.
All severe accusations of misconduct can potentially uproot the lives of students, but unfounded accusations can be particularly challenging to wrap your head around. Unfortunately, these accusations may come from a place of malice or hatred toward your student and their disability.
If your student did not break the rules, they don't deserve to face punishment. But proving their innocence can be more complicated than it appears at first glance. On one side, The Office of General Counsel for the Universities of Wisconsin system. On the other, a student facing accusations of severe misconduct. Without a proper understanding of the Wisconsin academic system, you are at a disadvantage.
Don't go into any behavioral proceedings without fully understanding your rights. Contact the Lento Law Firm today to start crafting a defense that protects against unfounded allegations.
Defend Your Student Against Accusations of Misconduct Today
A misconduct accusation can be one of the most stressful situations in a young student's life. Not only can the potential punishments from an investigation be devastating, but the investigation itself is enough to leave the average student overwhelmed and unsure of the future. Students with disabilities face a tougher road than most, and they deserve to have the academic disciplinary process reflect the unique challenges they face.
Whether you fear accusations in the future or are dealing with a current allegation, your student needs someone by their side who knows the law and policies affecting students with disabilities. Educational institutions have policies to accommodate disabilities, but they often fall short of their duties, leaving you struggling to find your next move.
Disabilities shouldn't hinder students from defending themselves against allegations of misconduct. Contact the Lento Law Firm Student Defense Team at 888-535-3686 or fill out our confidential online form. Don't let accusations ruin your child's bright future.
