Utah High School Student Defense

Discipline can be a tricky topic. You want your kids to learn, and you want to protect them, so you set boundaries, and you attach consequences to breaking those boundaries. Maybe you ground your kids if they stay out too late, or you take away the car keys if they're not keeping their grades up. Fair enough.

Schools have a similar obligation. It's their job to correct misbehavior and to teach kids to make the best choices. Sometimes, that means implementing sanctions. High schools can't take students' keys away, but they can give them detention, keep them off the football team for a semester, or—in the most serious cases—suspend or expel them.

The problem is school disciplinary sanctions can have consequences that last far longer than a semester. When you ground your kids, it's a temporary punishment. When schools suspend students, they can suffer permanent harm. A black mark on your child's record can keep them from getting into a good college. It can keep them from getting a good job. No one would suggest schools shouldn't discipline students, but far too often, they are not thoughtful enough about how they do it, and the results can be devastating. Innocent kids wind up in trouble, and kids who have made mistakes are punished too severely.

Don't let this happen to your kids. The moment your child is accused of misconduct, step in to protect them. The Lento Law Firm's Student Defense Team is here to help. We know your child's rights. We know how the education system in Utah works. Most importantly, we're always on your side. Whether you need someone to serve as a voice for your family's interests or you need a seasoned litigator to fight on your behalf, we're here for you.

Below, we talk about what kinds of problems you should look out for and how we can help you handle them. First, though, we want you to know that we're always just a phone call away. Call us at 888-535-3686, or take time now and use our online form to tell us about your situation.

The Utah Educational System

Keeping an eye on your child's education experience starts with understanding the Utah education system.

Most immediately, your child is under the jurisdiction of their high school. That high school is part of a larger school district run by a local school board. In Utah, school boards have a great deal of authority to set their own policies. That includes developing their own rules and regulations as part of a Student Code of Conduct.

There are limitations to this authority, of course. Title 53G of the Utah Code is specifically dedicated to education in the state. Chapter 8 of that title asserts that districts must come up with policies, that those policies must be designed to prevent “disruptive behavior,” and that in developing these policies, districts must solicit input from school employees, parents, students, and the community at large.

Elsewhere, Utah state law prohibits certain specific activities related to K-12 education. Bullying, for instance, is barredon all K-12 campuses, as is weapons possession. Utah's Controlled Substances Act makes drug dealing on campus a felony. More recently, the Utah state legislature has targeted more specific issues as well. For instance, schools are now required to prohibit all forms of e-cigarettes.

You should also be aware that Utah schools are subject to several federal laws. Most of these have to do with ensuring all students receive an equal education. Title IV, for instance, bars racial, sexual, and religious discrimination. Title IX further protects students from sexual discrimination and harassment. The Individuals with Disabilities in Education Act (IDEA) safeguards the rights of students with disabilities. All of these laws regulate how schools treat students, but they also mandate that schools must create an environment of acceptance among students.

Within these federal and state frameworks, though, districts and high schools have a great deal of latitude in defining "misconduct." Any close look at high school handbooks suggests that what matters at one school can be very different from what matters at another. For example, all schools prohibit violence, but they may go about it in very different ways. Cyprus High School's handbook talks broadly about “fighting.” In contrast, the Copper Hills Code of Conductfocuses more specifically on “gang violence.”

There's simply not enough time and space here to describe every rule in every code of conduct. It's always important that you and your child know what your particular school's handbook has to say about conduct and behavior. What we can do, though, is tell you about the most common rules, the ones you can expect to find in virtually every handbook.

As a starting point, there are essentially three types of misconduct:

• Academic misconduct
• Non-academic misconduct
• Sexual misconduct

Below, we spend a little time talking about each one.

Academic Misconduct

West High in Salt Lake calls it “academic integrity.” Cedar Valley High refers to it as “cheating.” However, it is labeled as academic misconduct, which has to do with how students complete their coursework. Typically, schools focus on three specific types of academic misconduct.

• Cheating: This means the use of unauthorized resources to complete assignments. That could include using a cheat sheet on an exam, looking at another student's paper during a quiz, or using a cellphone to look up answers online.
• Plagiarism: This is the attempt to pass another person's words or ideas off as your own. Most often, it's associated with written work. However, plagiarism can occur with images, music, video, and even computer code.
• Misrepresentation: Finally, your child's handbook may also mention misrepresentation. This covers all other types of academic misconduct, such as inventing lab results or making up sources for a paper.

Allegations of academic misconduct usually originate with classroom teachers. They are in the best position to notice when such misconduct occurs. Teachers have wide latitude when it comes to punishing such misconduct. They may simply warn a student. They may assign extra work to help the student better understand what academic misconduct means. They can also lower grades on assignments or lower a student's grade in the course.

It is extremely rare for a student to receive suspension or expulsion as a result of these kinds of offenses. You should also know that only school and district administrators have the power to issue such serious sanctions. Your child doesn't have to be suspended, though, for a cheating allegation to impact their future. Colleges, for instance, take a very dim view of academic misconduct, and a charge of plagiarism can affect your child's applications, even if all they received was a warning.

Keep in mind, as well, that students don't always tell their parents about what kinds of trouble they get into at school. They may simply accept their teachers' authority, they may worry that telling you will get them into more trouble, or they may simply not take the situation seriously enough. You cannot help your child defend themselves or ensure they're given fair sanctions if you don't know what's happening.

Nothing should stand in the way of your child's future. The Lento Law Firm can make sure nothing does. We won't let their school punish them without cause, and we'll see that any punishments fit the nature of their offenses. Most importantly, we'll make sure that offenses and sanctions don't wind up on their permanent record where they can do long-lasting damage.

Non-academic Disciplinary Misconduct

Disciplinary misconduct has to do with non-academic behavior, everything from disrespecting a teacher to vandalism, harassment, and violence.

The most serious offenses tend to show up on every Utah school's code of conduct. For example, you can be sure that your child's high school has rules against:

• Violence
• Drug and Alcohol Possession
• Bullying and Other Forms of Harassment
• Hazing
• Weapons Possession

Beyond these rules, most schools have policies that address everything from when students can use electronic devices to whether they can hold hands in hallways. Many have dress policies. Hunter High lists nine individual rules for what students can and can't wear. In general, schools focus on what matters most to students, parents, and the community. Lone Peak High School's dress code is fairly reserved, for instance, but the school has nine separate rules about how to behave in the school auditorium.

Discipline matters. Students do have a responsibility to follow school rules, to treat others with respect, and to make learning the priority. High schools can't educate kids if chaos reigns.

Teachers and administrators don't always get things right, though. Students do wind up accused of misconduct they didn't commit. School officials sometimes discipline students for petty offenses, and they sometimes issue punishments that are simply too severe.

As we said in the beginning, discipline can be tricky. It's important you remind your children to obey school rules. If your school's code of conduct is too long and complex, try giving your kids simple strategies, like asking themselves what effect their actions might have on others. Anything that might harm another person or disrupt the school is almost certainly going to qualify as disciplinary misconduct.

You must recognize, though, that schools do get things wrong, and sometimes they can be stubborn about admitting it. Encourage your children to talk to you about what's going on at school, or you can talk to the school directly. You have a right, for instance, to see your child's permanent record and to raise questions about what's on it. If you can't decide whether you need to take action, the Lento Law Firm can help. We've been at this a long time. We'll sit down with you and talk through what's going on, and we'll offer suggestions on how best to proceed.

Sexual Misconduct

Strictly speaking, sexually-based offenses are a form of non-academic disciplinary misconduct. However, they're worth talking about as distinct offenses. In part, that's because they are among the most serious offenses with which a student can be charged. Not only do schools take a hard-line stance against such misconduct, but an allegation that becomes public can stir community outrage. In addition, under Title IX, the federal government sets guidelines for how schools must respond to sexually-based incidents. Schools are required to investigate all credible complaints, and they are encouraged to use harsh sanctions.

Luckily, current Title IX guidelines contain many protections for accused students:

• They have a right to be treated exactly as alleged victims are treated.
• They have a right to be presumed innocent.
• They have a right to an investigation and a hearing
• They have a right to review all evidence against them.
• They have a right to representation from an attorney.

As you might expect, however, federal law can be confusing and difficult to navigate. You never want to mount a sexual misconduct offense on your own. The attorneys at the Lento Law Firm have worked on hundreds of sexual misconduct cases. We know Title IX inside and out, and we can help make sure your child's rights are respected and that your family gets the best possible resolution to your case.

Academic Progression

Academic progression issues aren't normally about discipline. Nevertheless, students frequently need defending from poor school policy.

The thing is, there remains a social stigma associated with students who aren't performing up to grade expectations. Too often, they wind up labeled "dumb," "slow," or "lazy." We decide they aren't smart enough or that they aren't disciplined enough to do academic work. In simple terms, we blame them, penalize them, and assume they deserve whatever unfortunate fate befalls them.

Here's the reality: over the last several decades, educational research has demonstrated that there are many reasons why students struggle academically, and almost none of them have to do with intelligence or self-discipline.

• Socioeconomic Background: Students aren't just students. They're human beings who have a life beyond school walls. That life can have a tremendous effect on how they perform when they are in school. Serious issues such as abuse and food insecurity can cause kids to lag behind their peers. Less obvious problems, though, like family conflict or economic hardship, can play a role in student success as well.
• Racial and Ethnic Bias: Racial and ethnic background can also be crucial to academic success. In the worst cases, students can be subjected to outright prejudice from educators. More common, though, is unintentional bias. Studies have shown, for instance, that most standardized tests include questions that favor some racial and ethnic backgrounds over others.
• Quality of School: A student can only learn what they are taught. There is an argument to be made, in fact, that any time a student struggles academically, the blame can ultimately be placed on teachers and schools.
• Disciplinary Sanctions: As we talk about in more depth below, disciplinary sanctions can have an enormous impact on a child's psychological, emotional, and social development. Discipline incorrectly administered can cause long-lasting damage, and that damage directly affects academic achievement.

As we've tried to make clear to this point, students should never suffer from unfair disciplinary allegations. Nor should they be subject to harsh, unfair sanctions.

The same basic principle applies to what might be called "academic sanctions." Children who fail courses or who are held back suffer numerous negative effects. Among the many consequences of holding a child back a grade, for example, is that they develop feelings of difference and isolation. Academic sanctions stigmatize students, who can wind up being treated differently, not just by their peers but by teachers and administrators. They can suffer psychologically and emotionally, which only has the effect of hurting their academic progress.

Educators are supposed to be trained in these fundamental facts, and most teachers, administrators, and districts work hard to make sure students have a level playing field on which they can thrive. The unfortunate fact, though, is that you may occasionally encounter educators who aren't so enlightened. Or your child may simply be a victim of unconscious mistreatment in the classroom.

Here, too, though, the Lento Law Firm can help you protect your child. For instance:

• We can make sure all of your child's teachers treat them fairly.
• We can pressure teachers to use educational strategies that meet your child's learning styles.
• We can insist your district employ fair methods of evaluation.
• We can negotiate with school officials to keep your child from being held back.
• We can remind your school—gently or otherwise—just how much outside forces can impact a student's learning.
• We can ensure your child's record stays free of biased and negative comments from teachers and administrators.
• We can make sure your child has every reasonable opportunity to succeed.

When your child's academic success is on the line, you must act quickly. Even a single day can be crucial to a child's learning. One word or phrase from a teacher can convince them they're "dumb" or "lazy" and stunt their academic growth. At the very first sign of trouble, it's crucial that you contact the Lento Law Firm. We take your child's success seriously, and we'll do what it takes to make sure they're treated fairly.

Sanctions

If your child is found Responsible for (guilty of) an offense, it's likely their school will issue a punishment or “sanction.” High schools generally utilize a wide range of sanctions that can include:

• Warnings, oral or written
• Extra assignments
• Detention
• Loss of privileges(such as participation in athletic events, clubs, and other extracurricular activities)
• Restitution
• Mandated counseling
• Assigned volunteer work
• Suspension
• Expulsion

Again, any sanction can be serious if it should wind up on your child's permanent record or transcript. Even a warning for chewing gum in the hallway can weigh against them when it comes time to apply for college.

However, there are certain sanctions that create more harm than others. Luckily, Utah bars one of the most harmful types of discipline, corporal punishment. However, many schools have replaced corporal punishment with so-called "exclusionary discipline," and this can be just as harmful to a student's growth and development. "Exclusionary" refers to the fact that such approaches—suspension, dismissal, and removal to alternative educational environments—exclude students from the mainstream classroom setting. Educational experts frequently refer to such disciplinary methods as a "school-to-prison pipeline." That is, students who are punished with suspension, dismissal, and alternative schools have an increased risk of developing disciplinary problems later in life and an increased risk of spending time in jail or prison.

Exclusionary discipline stigmatizes students who experience it. Their peers, teachers, and administrators often treat them differently. They often come to see themselves as "problems" or as "wrong" or "defective" in some way. The potential negative effects on a child's emotional and psychological well-being should be obvious.

Perhaps more to the point, though, exclusionary discipline can inhibit academic progress, which, after all, is a school's responsibility. Students learn best when they are with their peers. They learn best in mainstream classrooms. Removing them from such environments necessarily puts them at an educational disadvantage.

Here's why that matters from a legal perspective. The US Constitution gives all children the right to a K-12 education, and that education must be equal to that of their peers. There are no exceptions. No child can be denied this right for any reason. They cannot be refused an education because of their race, gender, ethnic background, religion, disability, or sexual orientation. Neither can they be denied an education as a result of disciplinary misconduct.

There are real questions as to whether exclusionary discipline is simply unconstitutional because it interferes with a student's right to an equal education.

At a minimum, though, you should know that your school district cannot deny your child an education. They can, under Utah law, expel your child. However, they continue to have an obligation, both practically and financially, to educate their child. To be clear, they can require your child to attend an alternative school. They can require your child to attend school in another district. They can even require you to homeschool your child. However, in all cases, they must provide you with the financial resources to do so.

Here's the bottom line. Your child should never suffer discipline that harms them in any way or that limits their opportunities for future success. Children are not adults, and we cannot treat them like adults. Children are learning. That's why they are in school. Part of learning is making mistakes, and while mistakes should be punished, punishments should not do them permanent damage. No matter what charge your child might be facing, or what sanctions the school might be trying to impose, the Lento Law Firm will protect them and ensure they are treated fairly.

Defending Your Child

Up to this point, we've focused a lot on the state of Utah and the school districts within it. We've tried to give you a sense of how high schools set policy—what kinds of rules they tend to set and what happens to students who break those rules.

Let's turn now to another side of the equation, though: you. What can you do to help protect your child when their school overreaches in some way?

Let's start by talking about your most important rights as a parent, the ones you must demand no matter what the situation.

• First, before a teacher, administrator, or school disciplines your child in any way, they must have clear evidence to support their allegations. Further, they must be willing to share this information with you, and they must allow you and your child to raise questions about this evidence. The process doesn't always have to involve a formal investigation and hearing. However, schools have a habit of making assumptions and acting before they discuss their actions with all stakeholders. Don't let them get away with this.
• Second, any time your child's school or district is considering any type of exclusionary discipline—suspension, expulsion, or placement in an alternative school—you are entitled to a formal opportunity to defend them. Whatever the allegations, the school must provide them with due process rights.

Keeping these two principles in mind, what can you do in a practical sense when you're worried about how your child's school is treating them?

• Often, problems can resolved by simply taking your concerns up the chain of command. Usually, teachers are receptive to questions and problems and will work with you to try and resolve issues. Most teachers are dedicated to student success.
• If you find that your child's teachers aren't listening, you always have the right to share your concerns with school administrators and, failing that, district administrators and school board members.
• Ultimately, schools cannot operate with funding from the state of Utah. So you can also contact the Utah Board of Education if your school district is unresponsive. In some cases, particularly when civil rights are at stake, you can also contact the US Department of Education for help.
• Finally, though, you always have the right to demand a formal hearing into disciplinary matters that involve your child.

No matter what course of action you decide to take, the Lento Law Firm is here to support you and ready to take action at a moment's notice. We can share your concerns with a teacher or administrator, negotiate fair sanctions, and work with districts to clean up student records. Make no mistake, though. We can be fierce when it comes to protecting our clients, particularly when those clients are students. We will represent you in any formal hearings, and we are always ready to hold individual educators and districts accountable for their actions.

Not sure which approach is the best one to take? We can help there, too.

Why Do You Need a Lento Law Firm Attorney?

Wouldn't it be great if everyone treated each other fairly if no one ever had to demand their rights? The reality is we need laws to make sure we're treated fairly, and we need attorneys to help us demand our rights when they're under threat.

The good news is that your child and your family have numerous rights under educational law. By and large, schools and educators follow the law. In fact, most have your child's best interests at heart. Educators make mistakes like the rest of us, though. When they do, there is protection in place for them. They're part of schools and districts that can sometimes be powerful entities. You can expect that your district has its own attorneys on retainer, for example. If you're going to get fair treatment, you may have to have your own attorney.

You don't want just any attorney, though. Local and family attorneys just don't have the knowledge and skill to deal with educational issues. They're great at drawing up wills or representing you in local criminal cases. The Lento Law Firm, though, is dedicated to educational rights for students. We're great at representing students.

Why?

• We're experienced negotiators. We know how to talk to faculty and administrators because we do it every day.
• We're experienced with school judicial processes. We know how Title IX works, for instance. We're also skilled at handling more informal procedures, the kinds of disciplinary actions you can expect from most misconduct charges.
• Because we're focused on educational law, we're familiar with all the issues students face. We know how to parse a code of conduct and interpret a school's definition of "consent." We're up-to-date on how technology affects the learning environment. We keep up with the latest educational research and what it says about how children learn best.

You look out for your kids. That's what you do. You're a parent. You're not an attorney, though. Let the attorneys at the Lento Law Firm look out for you and protect your family.

Other Issues We Can Help With

At the Lento Law Firm, we spend a lot of our time defending students from unfair misconduct charges. Our larger mission, though, is to protect students. That means we can help with many other issues that relate to education.

• Disability Issues: By law, schools must provide students with whatever resources they need to obtain an education equal to that of their peers. Disabilities are no bar to this obligation. Keep in mind, as well, that learning disabilities qualify under the law. If your child has ADD, they may be entitled to classroom modifications, like extra time to complete assignments. They may need special technology. They are subject to special consideration when it comes to discipline. Whether your district is denying your child resources or trying to remove them from the classroom unfairly, we're here to protect your rights.
• Bullying Issues: Utah law is clear on the issue of bullying. Schools must prohibit bullying, and they must put programs in place to prevent bullying. What this means is that if your child is a victim of bullying, their school has failed in some key way. You have the right to hold it liable in civil court for these failings.
• College Student Issues: We are committed to helping all students, not just K-12 students. If your child has graduated and gone on to college or they are near graduation, keep in mind that we can protect them from unfair college practices as well.

The Lento Law Firm is Always On Your Side

The attorneys at the Lento Law Firm understand that schools and school districts sometimes over-reach. Very few deliberately abuse their authority, but they make mistakes. They sometimes get things wrong. Contacting the Lento Law Firm doesn't make you litigious. It's not overreacting to a situation. It's a sign that you care about your child's welfare and you'll do whatever is necessary to protect it.

The Lento Law Firm's Student Defense Team is committed to the proposition that all students deserve fair treatment and the opportunity to earn the best possible education. To honor that commitment, we've studied the law. We've learned how the Utah educational system operates and what to expect from individual Utah school districts. And we've put what we know into practice, helping hundreds of students get the justice they deserve.

If your child is facing unfair disciplinary action, we can help. To find out more, contact the Lento Law Firm at 888-535-3686 or use our online form.