If the decision is made that a student is found responsible for sexually assaulting another student, there will be consequences, potentially severe consequences. That’s the unfortunate reality. People may have the mistaken impression that, well, maybe I’ll just get an educational sanction or probation. It’s not how it works. Schools regularly hand out suspensions and expulsions. Depending on the nature of the sexual assault, that’s going to dictate, in part, what the nature or what the particular consequences or sanction would be. But if there is a finding responsibility, they would take into account the student’s record and many other considerations in addition to the specifics of the offense, which at this point it’s no longer alleged. It would be, say, a person being found responsible at this point. But any kind of a sexual assault can definitely result in, at a minimum, generally a suspension, if not an expulsion.

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When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]

Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights

Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]