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State Supreme Court Decision May Expand School Authority

Posted by Joseph D. Lento | Dec 08, 2024 | 0 Comments

A recent Supreme Court decision in Michigan could grant schools in the state broader authority over their students under the guise of "public safety concerns." While this decision doesn't apply nationwide, it is a perfect representation of the power that universities have in crafting policies that impact the rights and freedoms of their students.

The Lento Law Firm Student Defense Team believes students deserve to receive a high-quality education and engage in their local college community without giving up their rights or facing disciplinary punishment. If your university is overreaching its authority or beginning disciplinary proceedings as a response to your constitutional and legal behaviors, our Student Defense Team can help. Call the Lento Law Firm today at 888.535.3686 or contact us through our website.

Background of the Recent University Policy Ruling

The Michigan Supreme Court declined to hear a case challenging the constitutionality of The University of Michigan's longstanding gun ban, effectively keeping the previous lower court ruling in effect. The case primarily focused on the university's authority to restrict guns on campus. However, after deeming the university a "sensitive place" with the right to determine appropriate safety measures, it also introduces uncertainty around how far the school—and other universities around the country—can push when crafting policies.

Public Safety Concerns as Justification for Infringements on Rights

The efficacy of gun bans is not the core issue in this case. Regardless of whether you believe nationwide gun bans are a good or bad idea, the bigger issue is how the state courts came to their conclusions. The appeals court had stated that "it is up to the policy-maker—the university in this case—to determine how to address that public safety concern."

If colleges like the University of Michigan now have an apparent increase in authority to address vague public safety concerns, the likelihood of new draconian policies increases. For example, the university could decide that gatherings of more than a certain number of students—typical when politically-minded students join to protest laws or human rights abuses—pose a potential safety risk, further limiting students' ability to legally and peacefully assemble. Or, they could potentially go even further and use public safety as a pretext to monitor student communications across university networks proactively.

Universities indeed have the authority to discipline student behaviors to maintain safe campus communities, but this ruling seems to suggest that the Constitution is not always a necessary consideration. Universities should not have the right to craft policies that ignore key constitutional protections, regardless of personal opinions.

Protect Your Rights as a University Student with the Lento Law Firm

If you feel that your school is infringing on your rights or issuing disciplinary sanctions without a valid reason, do not wait to seek help. The sooner you engage with our Student Defense Team, the better your chances of challenging unfair policies and defending your rights. The Lento Law Firm is here to help you fight back against overreaching school policies and protect your future. Call our Student Defense Team today at 888.535.3686 or contact us through our website to begin building your defense.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. In various capacities, the Lento Law FIrm Team can help you or your student address any school-related issue or concern anywhere in the United States.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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