Students in elementary, middle, high school, and even college can get into trouble. You can make an innocent mistake or get into a fist fight. Depending on the school’s disciplinary procedure, a student could face the threat of expulsion or be expelled.
What types of issues could cause a student to face expulsion or be expelled from school?
- A student is purposefully disobedient Students are expected to behavior in accordance with the code of conduct. Cheating, talking back to teachers and vandalism are a few reasons a school can move to dismiss a student.
- Fighting or threatening others – Depending on the student or child’s history, they can face expulsion for getting into a fight or making verbal threats. A minor fight, or a one-time comment, may be twisted by the school and represented as bullying, hazing, or even battery these classifications can lead to an expulsion.
- Bringing drugs or alcohol to school – Schools can expel a student if they are found with drugs and/or drug paraphernalia. Even “edibles” could lead to school expulsion and even arrest. Even more serious, if a student is found to be selling or in possession of quantities of drugs that could be seen as selling, the student will almost certainly face expulsion.
- Possession of “study and concentration drugs” (Adderall/ Ritalin) – If the student is not prescribed the drug and they did not obtain school approval for on campus possession, they can face expulsion. If a friend gave them a pill to help them concentrate for a test, both students can be expelled.
- Weapon on school grounds – A weapon could range from a BB gun to handgun from a hunting knife to table butter knife. The definition of a weapon in school is a broad category. If you are found in possession of a weapon in school, even for the first time, it can lead to expulsion.
- Grades – If you attend a magnet or private school, a school can expel you for a low GPA or even failing a class. A school may have strict guidelines in its handbook about what grades you must maintain to stay.
Recommendations from an experienced school expulsion attorney if you face expulsion
- Hire an attorney immediately – The clock starts ticking once the student is suspended and then recommended for expulsion. An experienced education lawyer who handles suspensions and expulsions could reduce the punishment based on certain factors.
- Students can bring an attorney to the expulsion hearing and appeal – Schools may be more agreeable to amending a disciplinary sentence if an attorney is present. In most cases, a student is permitted to have an attorney at all hearings and appeals. The lawyer can help you craft the best defense statement, assure that the school followed the appropriate policies and procedures, make legal arguments and negotiate on the student’s behalf. All with the goal of reducing or dismissing the expulsion charges.
An expulsion can leave a permanent mark on your school record. This may need to be disclosed when applying to other schools, colleges, and even licensing boards in the future. Make your fight the best it can be.Click to read our post on level IV expulsion charges here. Richard Asselta is an award-winning education lawyer with offices in both Florida and New Jersey. He is experienced in defending all types of student disciplinary issues including dismissals and expulsions. Call The Education Lawyers today for a free consultation and protect your educational future. (855-338-5299