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.
Educational institutions such as colleges, universities, and K-12 schools in Texas have the authority to establish codes of conduct and enforce compliance among their students. However, in the process of formulating these policies, some institutions overlook the rights and requirements of students with disabilities.
Challenging an educational institution to defend yourself against allegations of misconduct can be daunting, especially when the playing field is not level. While colleges, universities, and high schools are entitled to discipline students, they also have a responsibility to ensure fairness for all. Neglecting the needs of students with disabilities or disregarding the intersection of disability rights with other school policies results in a disservice to students.
If you're a university or K-12 student in Texas accused of violating a code of conduct and believe your disability plays a role in the accusation, getting help from an experienced legal team who understands educational disciplinary procedures is critical. Call the Student Defense Team at the Lento Law Firm today at 888-535-3686 or contact us online.
Disciplinary Procedures for Texas Students with Disabilities
Being a student with a disability or mental health condition does not exempt you from your institution's disciplinary process. However, your school is obligated to provide accommodations for your disability throughout your enrollment, and these accommodations apply to disciplinary proceedings as well.
Examples of Disability Accommodations in Texas K-12 and College Disciplinary Proceedings
- Having a counselor, personal assistant, or trusted individual accompany students during all disciplinary meetings and hearings.
- Conducting disciplinary meetings in a location that minimizes additional stress or discomfort.
- Pausing the hearing if it becomes overwhelming for the student and resuming when they are ready.
- Requesting the disciplinary hearing committee to briefly step out of the room to allow the student time to regroup.
- Allowing students to present written testimony as evidence.
- Soliciting input directly from students on how to accommodate their specific needs.
What Should You Do if Your Charges are Related to Your Disability?
If you find yourself accused of academic misconduct, particularly if you believe it's connected to your disability or mental health, it's essential to take certain steps. First, if you haven't already disclosed your disability, promptly inform your school about it, specifically reaching out to the office of disability support services. You should also seek assistance right away from a student defense attorney who can provide guidance and help you prepare a robust defense.
Academic Misconduct in K-12 Schools
The provision of disability services, including handling misconduct, varies between K-12 schools and postsecondary educational institutions. Typically, K-12 schools bear greater responsibility for implementing disability accommodations, while colleges and universities often expect students to take on this responsibility themselves.
However, while K-12 schools may assume a more proactive stance in educating students with disabilities, it doesn't guarantee that their policies and disciplinary procedures regarding academic misconduct are consistently accommodating to students with disabilities and mental health concerns.
Can K-12 Schools Discipline Students with Disabilities?
All K-12 schools have the authority to discipline all students, regardless of their disability status. However, it's imperative for schools to maintain fairness and equality throughout the disciplinary proceedings. Students covered under Individualized Education Programs (IEPs) or 504 plans (outlined in Section 504 of the Rehabilitation Act) are entitled to receive a free and suitable public education, complete with services tailored to address their specific requirements. Schools are prohibited from unjustly dismissing students with disabilities from school due to reasons related to their disability.
K-12 school academic misconduct policies often overlook provisions for students with disabilities. The lack of clarity in these policies typically results in the absence of explicit accommodations for such students. For instance, while a policy might deem extended exam time as a violation of academic integrity, it fails to acknowledge that this is a standard accommodation for students facing learning challenges. This oversight leaves room for high school administrators to potentially unfairly accuse and penalize students for academic misconduct without considering their disabilities or necessary accommodations.
What is a ‘Manifestation Determination'?
In Texas, during specific instances and for particular breaches of the student code of conduct, school systems must carry out what is referred to as a "manifestation determination review" as outlined by IDEA's discipline procedures. The purpose of this review is to determine whether the student's actions leading to the disciplinary incident are connected to their disability.
By law, a manifestation determination review must occur within ten days of any decision to change the child's placement because of a violation of a code of student conduct.
The relationship between the child's behavior and disability, however, is not the only factor to be considered in a manifestation determination. A manifestation determination must also consider if the child's conduct was the direct result of the school failing to accommodate the child as outlined in the child's IEP.
What Does the Office of the General Counsel Do?
In Texas, when a student with a disability is accused of misconduct, the Office of the General Counsel plays a significant role in ensuring that the student's rights are upheld throughout the disciplinary process. Specifically, the Office of the General Counsel:
- Provides legal advice and guidance to the school district regarding the rights of students with disabilities under federal and state laws, including the Individuals with Disabilities Education Act (IDEA) and Section 504 of the Rehabilitation Act.
- Ensures that the school district complies with all legal requirements related to the disciplinary procedures involving students with disabilities. This includes conducting manifestation determination reviews as required by IDEA.
- Represents the school district in legal proceedings related to disciplinary actions involving students with disabilities. This can include hearings, mediations, or other dispute resolution processes.
- Collaborates with other stakeholders, such as special education administrators, school counselors, and parents, to ensure that the rights of students with disabilities are protected and that appropriate accommodations are provided during the disciplinary process.
Overall, the Office of the General Counsel in Texas plays a crucial role in safeguarding the legal rights of students with disabilities during misconduct allegations and disciplinary proceedings.
Disciplinary Procedures for College Students with Disabilities
Being a college or university student in Texas with a disability or mental health condition does not exempt you from your institution's disciplinary process. However, your school is obligated to provide accommodations for your disability throughout your enrollment, and these accommodations apply to disciplinary proceedings as well.
If you face misconduct allegations of any kind—whether related to academic integrity, breaching the student code, or a Title IX violation—and your university is aware of your disability, you should request the necessary accommodations.
Educational institutions have the authority to establish codes of conduct and enforce compliance among their students. However, in the process of formulating these policies, some institutions overlook the rights and requirements of students with disabilities. Consequently, certain students find themselves subjected to unjust disciplinary actions.
If you have been accused of academic misconduct, particularly if you believe it's connected to your disability or mental health, it's essential to take certain steps. First, if you haven't already disclosed your disability, promptly inform your school about it, specifically reaching out to the office of disability support services.
Additionally, once you have received formal notification of the academic misconduct charge, you should reach out to our firm immediately. The sooner we are involved, the more likely we can resolve your case favorably.
Do You Have to Tell Your University About Your Disability?
While colleges and universities do not require students to disclose their disabilities during the application process or at any other point, doing so will not adversely affect your chances of admission or your ability to stay enrolled. The purpose of disclosure is simply to ensure that the school can provide the appropriate programs, facilities, and resources to meet your needs.
From the perspective of academic misconduct, it is generally helpful if your university knows about your disability. This allows you to request accommodations from professors in the classroom and during examinations without them automatically assuming misconduct.
What Happens When College Students with Disabilities Are Accused of Sexual Misconduct?
If you face allegations of sexual misconduct or a violation of Title IX at a Texas college, expect your university to treat the matter with utmost seriousness. Institutions nationwide are under pressure to swiftly address claims of sexual misconduct to ensure justice for victims, yet this sometimes means the accused is not afforded a fair opportunity to defend themself.
Mismanagement of sexual misconduct or Title IX cases by universities can have detrimental effects on all parties involved, particularly if the accused student has disabilities. Without providing appropriate accommodations for accused students with disabilities during the disciplinary process, colleges risk rendering unfair judgments. The intersection of Title IX regulations and disability rights presents a complex landscape on campuses, where universities may prioritize justice for sexual misconduct allegations at the expense of upholding disability rights.
What Responsibilities Do Texas Universities Have?
When a Texas college or university addresses an accusation of sexual misconduct, it carries specific responsibilities toward both the accused student and the accuser. These responsibilities are tied to various factors, including Title IX, due process, contractual agreements, institutional policies, and other pertinent considerations.
Under Title IX, universities are obligated to provide certain rights to accused students. These may include the entitlement to have legal representation present during live hearings and the right to cross-examine all witnesses. However, due to variations in sexual misconduct policies across universities—some adhering solely to Title IX while others extend beyond it—students may not consistently enjoy these rights in every sexual misconduct hearing.
Students also possess a constitutional entitlement to due process within educational institutions when critical rights, like access to education, are at risk. At the very least, due process mandates schools to inform students of the charges levied against them, provide access to the evidence, and afford accused students an opportunity to present their defense.
Educational institutions establish policies that serve as a mutual agreement between the institution and its students, resembling a contractual relationship. Once students pay tuition, schools are not at liberty to dismiss them arbitrarily. These obligations also factor into the school's disciplinary proceedings in cases of sexual misconduct.
Title IX and Disability Rights in Texas Colleges
The intersection of Title IX cases and sexual assault disproportionately affects students with disabilities compared to their non-disabled peers. This group comprises a higher proportion of both victims of sexual misconduct and individuals falsely accused.
Despite possessing independent living skills upon entering higher education, students often encounter challenges navigating the Title IX process. Such skills are not commonly taught, leaving many students unprepared. Additionally, the typically segregated nature of the Title IX Coordinator and Disability Services offices leads to minimal communication between them.
Some Reasons Why Texas Students with Disabilities are More Likely to be Falsely Accused
- Challenges in interpreting social cues within intimate or sexual relationships due to disabilities or mental health conditions.
- Unaddressed social behavioral issues from K-12 education, leading to unawareness of both the student and the university about their disability.
- Intolerance toward students with disabilities among fellow students or administrators.
- Limited awareness among fellow students and administrators regarding the manifestations of psychiatric diagnoses.
- Affirmative consent policies in campus sexual assault rules often overlook the mental state of the accused.
The intersection of Title IX policies and disability rights is intricate. While safeguarding students' rights against sex-based discrimination or harassment, colleges may inadvertently infringe upon the disability rights of others in education. Consequently, many institutions fail to ensure fairness and equity in addressing campus sexual misconduct concerning students with disabilities.
Defending Yourself Against Allegations of Misconduct When You Have a Disability
Being accused of misconduct can be daunting and unfamiliar. The formal disciplinary procedures may be entirely new to you, leaving you uncertain about how to navigate the process.
You need an experienced student defense legal advisor by your side to support and guide you and to help you defend yourself. As a student with a disability, you have certain rights, and your school needs to honor them.
The Student Defense Team at the Lento Law Firm have extensive experience with student misconduct cases all over the United States. Call us today at 888-535-3686 or contact us online.
