School Discipline Lawyers

Florida School Discipline Lawyers

Are you looking for a School Discipline Lawyer in Florida? Look no further. The Education Lawyers at Montgomery Law have spent the last decade litigating school discipline issues against all levels of Schools and Universities.

There are so many Colleges and Universities in Florida, all of them so powerful and foreboding when they have decided to use their size and resources against you, the lonely student. We stand by your side when schools decide to attack. We stand by your side when schools take aim against you for disciplinary allegations.

Issues We Handle

Plagiarism
Title IX Issues
Fraternity / Sorority Issues
Grade Disputes
Dismissals, and Discrimination
Other Disciplinary Issues

What happens at a school disciplinary hearing?

The procedures vary from school to school, but generally you can expect the following (although it is always best to consult with an attorney to make sure you — and the school — are following the polices and procedures).

Some vocabulary to remember as you read the below timeline: The Complainant would be someone (maybe another student or teacher that is making a complaint about you, the student being accused). This would be in a case where there was another person involved rather than a situation involving just you, such as possible cheating. The student being accused is the Respondent.

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Possible school disciplinary hearing outline (what to expect)

Explanation of Process and Introductions
Opening Statements
Presentation of Charge against the Respondent
School presents a summary of the investigation and evidence
School presents their witnesses
Questions from Complainant (where appropriate), Respondent and Panel
Presentation of Respondent’s Case
Statement by Respondent
Presentation of Respondent’s witnesses
Questions from the School and Panel
Summary Statements By School
Summary Statements By Complainant (where appropriate)
Summary Statements By Respondent
Questions from School, Respondent, and Complainant (where appropriate) and Panel
Adjournment
Deliberation
Decision

If the respondent is not found responsible, the hearing is adjourned. If the respondent is found responsible, the Panel will be given a sealed envelope containing: (1) example of sanctions that have been imposed in similar prior cases; (2) any previous offenses by the Respondent, (3) Schools initially recommended sanctions, and then enter into deliberations about sanctions.

Note that all of this does not always happen in one day and the time from deliberation to decision can be days of weeks. You will want to make sure the school is following their own policies regarding timelines as well as due process rules that may be generally applicable.

Admissibility of Evidence in a School Discipline Hearing:

The typical rules of evidence applicable to governmental legal proceedings generally do not apply in school disciplinary hearings. Information is generally deemed to be admissible if it relevant, not unduly repetitious, and of the type on which reasonable people are generally rely on in the conduct of serious affairs. With that said, who gets to make that call? The School. There can be just as many problems with the evidence that the school lets in as with the evidence that the school keeps out. An experienced school discipline lawyer may be able to assist with ensuring that only the appropriate evidence is considered and that nothing exonerating (evidence that can show your innocence) is left out.

Panel Decision

Panel Decisions generally require a majority vote, not the unanimous agreement you might expect from a jury in a criminal proceeding.

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Frequently Asked Questions regarding College / University discipline

Everything you need to know about the, "Student Code of Conduct."

Student Code of Conduct

Schools expect that all students will conduct themselves in accordance with the Student Code of Conduct. This includes Students and any officially registered student organization. Generally, without even knowing it, as a condition of admission, you have already agreed to abide by all university policies contained in their Student Code of Conduct and other University publications and notices.

FERPA / Privacy

Generally, all violations of university policies documented in a student's conduct file are part of that student's educational record. The Family Educational Rights and Privacy Act (FERPA) of 1974 that provides confidentiality of students' educational records and protects these files and their contents. This confidentiality allows only persons who meet appropriate disclosure requirements to have access to these records. When conduct involves a crime of violence or sex offense, FERPA permits the School, College or University, at its discretion, to disclose to the complainant the results of a disciplinary proceeding against the alleged perpetrator.

Established policies

Most colleges and universities have established policies that are considered necessary to preserve and maintain an environment conducive to learning, to ensure the safety and welfare of members of the school community. When schools create their policies, they are not only binding you to their rules and regulations, but they are binding themselves as well to any procedural rules that are set forth in the Student Code of Conduct.

Criminal / Civil Charges

Procedures under a typical Student Code of Conduct may be carried out before, simultaneously with or following a civil or criminal proceeding on or off campus.

Sanctions

Sanctions may be imposed against a student or registered student organization for the violation of any Student Code of Conduct policies that occurs on or off campus. Sanctions are intended to be developmental and educational in scope (but sometimes can be retaliatory, discriminatory, punitive or just plain personal) and are determined at the sole discretion of the School, College or University.

On or Off Campus

Most schools, colleges and universities reserve the right to discipline any student or remove affiliation with any registered student organization whose conduct on or off campus violates the Student Code of Conduct.