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Mississippi high schools and post-secondary institutions rely on guidelines of rules and regulations maintaining academic integrity and behavioral standards in classrooms and throughout all school-related events. These codes of conduct are created and implemented by local school districts but under the guidance and obligation of federal and state law. Among their frameworks of discipline, students with disabilities are granted legally required accommodations to ensure equity in the grievance process. However, high schools, colleges, and universities sometimes fail in their responsibility, leaving students with disabilities vulnerable to unfair treatment.
In the best situation, students face a disciplinary board that must protect the institution’s public image and work quickly to provide relief to accusers. When students with disabilities enter the process without the support they’re entitled to, it can destroy their academic careers and future prospects. You must act quickly to put your child or yourself in a position to defend against misconduct allegations now.
The LLF National Law Firm is well-known throughout Mississippi for its work coaching and defending students and building strategies to ensure they don’t succumb to unfair discipline. Our nationwide team stands prepared to assist you or your child with high school, college, and university grievance procedures or even broker a resolution with an institution’s Office of General Counsel (OGC) before formal procedures begin. Get in touch with the LLF National Law Firm Student Defense Team now at 888-535-3686 or visit us online.
Can Your High School Discipline You if You Have a Disability?
The short answer is yes, but there are caveats to different situations. Regardless, students with disabilities are protected by two key federal laws that play a primary role in guaranteeing a free and appropriate education (FAPE):
- Individuals with Disabilities Education Act (IDEA): Under IDEA, students with qualifying disabilities can access reasonable accommodations and further special education services, including those to promote equity in the disciplinary process.
- Section 504 of the Rehabilitation Act: This act is a predecessor to IDEA but is still used in some circumstances. It prevents discrimination against students with disabilities in programs receiving federal financial assistance, such as public schools.
Students with disabilities are protected by the above laws until they are 20 or 21 if they have not graduated high school. Although students are guarded by federal law and its state-level enforcement procedures, the Mississippi Department of Education (MDE) must carry them out in the educational environment.
High School Code of Conduct Violations
The MDE grants each Mississippi school district jurisdiction over its students. Although each takes its lead from the MDE in creating a code of conduct, the rules and regulations for what is permitted may differ slightly by school. However, there are four general types of misconduct, including the following:
- Academic misconduct: Instances of unfair academic advantages over other students or misrepresenting one’s knowledge through assessment, including cheating, plagiarism, and falsifying academic information or data.
- Non-academic or behavioral misconduct: Disruptions in the classroom or those which perturb the daily flow of the educational process. Typically, infractions are not directly related to academics and primarily manage behavioral infractions, such as physical or verbal abuse, tardiness, or disrespecting teachers or school staff.
- Sexual misconduct: Any inappropriate or unwanted touching or sexual behavior within the school setting or involving students, such as sexual assault, stalking, dating violence, and others.
- Title IX violations: Although this form of misconduct can include sexual impropriety, it is mainly used to manage civil rights violations, such as bullying, hazing, and discrimination. Title IX violations have different grievance procedures and will be handled by a school Title IX Coordinator instead.
While the forms of misconduct may seem straightforward, there is an added dimension when students with disabilities are accused. For example, students with learning or communication disorders may fail to fully grasp the rules surrounding academic integrity, permitted behavior, and the intricate policies managing sexual misconduct and Title IX. But sometimes, a manifestation of a disability can be considered misconduct, leaving them more susceptible to false accusations because of their differences.
For instance, a student’s natural response to sensory overload or discomfort from unmet needs at school can quickly lead to allegations of behavioral misconduct. Individuals may act out forms of bullying or harassment because they’ve been subjected to them and are socially confused. Likewise, students with social disabilities may not fully comprehend the nature of dating actions or the nature of physical contact with others. Regardless of how the misconduct in question is caused, students are remanded according to their school’s disciplinary policy.
Manifestation Determination Review
In terms of high school discipline, students with disabilities are afforded alternatives to normal frameworks of punishment. When misconduct allegations arise, one of the early steps of the grievance process is determining if the violation occurred because of the student’s disability or whether an undiagnosed disability exists that could be the source. The process is called a manifestation determination review (MDR), which must be completed within 60 days of receiving parental consent.
An MDR aims to determine whether the student may need an individualized education plan (IEP) to align with FAPE. The IEP Committee creates the educational blueprint to meet exclusive needs that will remain with them until graduation. The committee is staffed with the following:
- Parents or guardians
- School special education personnel
- School district representatives
- Individuals with knowledge of the student (doctors, coaches, teachers)
- The student, if appropriate
Each IEP Committee meeting will be unique to the student and the subsequent misconduct. During the meeting, there are three main factors in consideration:
- A full picture of the student’s history, including academic achievement, functional performance assessments, previous discipline, and relevant medical reports.
- The relationship between the allegations and the student’s disability, if one exists.
- Whether the allegations are a direct result of the school’s failure to identify the student’s disability or implement their IEP.
If the misconduct was caused by an undiagnosed disability or the school’s shortcomings, the student will move forward with new or further accommodations in an updated IEP. Punishments will likely be restorative in nature, such as moving away from an out-of-school suspension in favor of an in-school program that will permit the student to acclimate to their new or improved IEP. However, in some cases, discipline is carried out and a student is taken out of their normal school environment temporarily.
Disciplinary Change in Placement
If students with disabilities are subject to discipline that would lead to removal from school for at least ten school days, such as suspension or expulsion, school personnel may advocate for a disciplinary change in placement. Referred to as an interim alternative educational setting (IAES) in Mississippi, the decision must be made by the IEP Committee.
Critically, an IAES is not required to provide all services in the student’s IEP, only educational services that enable participation in the general education curriculum. Removal must not exceed 45 school days, and after the student returns to their normal education environment with a new or modified IEP, they will receive, as appropriate, further services designed to address future disciplinary issues. Students will also have annual meetings with the IEP Committee.
Are College Students Afforded Disability Accommodations?
Support systems in post-secondary institutions differ from what a high school can or must provide. IDEA no longer applies after graduation, and students are left with protections from Section 504, but also the Americans with Disabilities Act (ADA). Under the ADA, colleges and universities are required to make academic programs and services accessible to all students with physical needs so they may participate in academic life. However, institutions are not required to:
- Alter academic courses if they affect the fundamental nature or impose an undue burden on the institution.
- Diagnose disabilities and provide IEPs and other rehabilitative special education services.
- Grant disciplinary accommodations other than the availability of an advisor in some circumstances.
Moreover, misconduct may include more than what is detailed in the college or university’s code of conduct. Some professors may have additional guidelines for academic or behavioral integrity in their classrooms, often outlined on the syllabus at the beginning of the semester.
College Code of Conduct Violations
The rules and regulations governing students in college are not that dissimilar to those in high schools. Misconduct is also categorized into academic and non-academic misconduct, sexual misconduct, and Title IX violations. However, there is one additional. Although it’s not widespread, some colleges and universities are expanding their disciplinary jurisdiction to protect students and school employees from power-based violence. More expansive in its scope than sexual misconduct or Title IX policies, it addresses interpersonal violence aimed to intimidate or control through the assertion of power.
Regarding academic misconduct, the lack of IEPs and reasonable accommodations under IDEA is a particular concern for students with disabilities. Even though students may be used to receiving open-book tests or being allowed to record teachers in high school, they may not be allowed to depending on what university (or class therein) the student attends.
Non-academic or behavioral misconduct also takes on additional components in college, as the institution’s disciplinary jurisdiction usually extends beyond campus. Therefore, social pressures that may compel some to engage in certain activities to gain approval off-campus can quickly lead to disciplinary action on campus.
In cases of sexual misconduct or Title IX violations, colleges and universities are under immense pressure to address allegations swiftlyâeven if they’re based on false accusations. How federal funding is tied to case management means that something like struggling to discern social cues or improperly navigating sexual or intimate relationships can end in severe punishment.
Mississippi College and University Discipline
Mississippi’s colleges and universities have clearly defined grievance procedures to manage misconduct, but their procedures can depend on the type of allegations and how the student wishes to handle them. For example, the following are the different ways institutions of higher education can resolve code of conduct violations:
- Informal resolutions: Used with the least severe misconduct and can involve the student accepting responsibility without a hearing in return for lower-impact sanctions, such as formal reprimands and losses of privileges.
- Formal procedures: Students may have the right to request a formal hearing when sanctions are a potential consequence. Hearings in front of the institution’s disciplinary board or panel will involve further rights for students, like the right to face their accuser. Still, it may depend on the type of misconduct in question.
- Academic integrity hearings: Often adjudicated by a board or panel separate from the general college disciplinary body and may have different standards of evidence or due process.
- Title IX violations: Instead of the normal college disciplinary authority, the school’s Title IX Coordinator will manage the case, which involves different procedures and rights to the accused and the accused, such as live or in-person hearings with the opportunity to retain legal counsel.
- Sexual misconduct hearings: Some universities in Mississippi have two sets of policies for sexual misconduct: one that follows Title IX guidelines and another that may offer additional rights to the accuser and the accused, such as in sexual quid pro quo cases or those involving power-based violence.
One accommodation colleges and universities afford students in most cases is the opportunity to have an advisor present. However, they may only serve in an advisory capacity to the student, not as a representative of the student to the disciplinary panel or board, except in limited circumstances, such as Title IX cases. Despite that safeguard, a school may assign a biased or uninformed advisor to a case who cannot properly assist the student because of their disability.
Nevertheless, during a formal hearing, both the plaintiff (the accuser) and the respondent (the accused) sides tell accounts of the allegations in question. Parties may also:
- Submit evidence.
- Call witnesses for testimony.
- Make opening and closing statements.
After the hearing, the disciplinary panel board will decide whether the student is responsible for the allegations. Most schools use the “preponderance of the evidence” standard, but this will also depend on the institution and even the type of misconduct.
How Can the LLF National Law Firm Help Mississippi Students?
Even though appealing discipline is possible, students often have just a few days to arrange the documentation required. Worse yet, most punishments are effective immediately, which affects the preparation process for high school, college, or university students to defend themselves.
Unfortunately, students with disabilities continue to face challenges during the grievance process despite state and federal protections. Without the support and accommodations they need, unfounded allegations, unfair treatment, and a loss of their academic future are imminent. So, it’s more important than ever to know where to turn for help.
The LLF National Law Firm Student Defense Team understands how Mississippi’s high schools, colleges, and universities discipline students with disabilities, including their adverse effects on studious, focused individuals. Our nationwide team stands prepared to build a solid defense strategy for any situation involving misconduct allegations, including brokering resolutions with a school, district, or institution’s OGC before formal procedures begin. For the best outcome possible, call the LLF National Law Firm at 888-535-3686 now or reach out through our confidential online consultation form.