Navigating School Disciplinary Actions
Whether you're attending grade school, high school, or one of the esteemed colleges in Massachusetts or New Hampshire, facing school disciplinary proceedings demands serious attention, possibly involving legal representation. Students might be summoned to a disciplinary hearing for breaching their school's Code of Conduct, whether on or off campus.
What Prompts Disciplinary Actions
Instances of alleged misconduct that may prompt disciplinary actions from educational institutions include:
Underage Possession of Alcohol
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Drug-Related Offenses
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Charges Related to Marijuana Possession or Use
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Possession of Firearms or Weapons on Campus
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Involvement in Violent Incidents
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Allegations of Sexual Misconduct
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Property Damage or Theft Offenses
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Cases of Plagiarism or Academic Dishonesty
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Any Other Violations of the Student Code of Conduct
Understanding Student Disciplinary Hearings
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What Kinds of Alleged Misconduct Typically Prompt These Hearings?
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How Can an Attorney Assist Students in Such Cases?
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What Are the Potential Repercussions for Students?
Do You Need an Attorney?
School discipline violations can result in transcript notations to suspension, probation, reprimand letters, or expulsion. Should your child's school take long-term disciplinary action, it's crucial to promptly seek legal counsel to assess your rights and options.
The Attorney's Role in Student Disciplinary Proceedings
Many schools aim to limit lawyers' involvement in student disciplinary hearings. Typically, there's an informal session where students can accept or deny charges and request a formal hearing to contest allegations. These proceedings often occur swiftly, catching students off guard. However, students possess rights, including accessing documents/evidence, challenging evidence, questioning witnesses, presenting witnesses on their behalf, and testifying.
Special Intervention
For students under an IEP or 504 plan, there's an additional hearing called a manifestation determination review (MDR), for which consulting a special education attorney beforehand is advisable. Even if a student admits to the offense, mitigating factors could lead to reduced penalties, and a special education attorney can provide invaluable support.
Discuss Your Case
Students could face various sanctions if found responsible for a violation, including warnings, written reprimands, suspension, loss of housing, mandatory counseling, athletic suspension, or expulsion. Holly Lynch Law LLC boasts expertise in mitigating punishments and overturning suspensions. It's important to note that the absence of criminal charges doesn't preclude disciplinary actions by the school. Contact our firm to Book a Consultation to have your case reviewed.
