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Can students be expelled for off-campus activities? A Lawyer Answers

On Behalf of | Feb 22, 2017

Behavior like selling drugs, bringing a knife, gun, or other weapon, as well as fighting on a school campus, can lead to expulsion. However, many students may not realize that their behavior off-campus can lead to expulsion too.

Using Drugs Off-Campus and Coming to School Under the Influence of Drugs or Alcohol

Even though a student may smoke marijuana or drink alcohol off school campus, if they come to school under the influence, it can lead to expulsion. If the school believes that a student is under the influence of drugs or alcohol, that student may be searched. Public schools can search a student without consent based on reasonable suspicion. The search may lead to the discovery of drug paraphernalia or containers with residue. The possession of these items can lead to expulsion. A student who also attends a school sponsored event like a fundraiser, sports game, or trip, is still subject to expulsion. Even though a student is not on campus, the same rules apply. So, if a student is under the influence, engages in fighting, or has a weapon, they can be expelled from school.

Having a Weapon in a Vehicle on a School Campus or at an Off-Campus School Event

Guns have been accidentally brought onto a school campus or to an off-campus event with no intention of harm. Some families hunt on the weekend or go to the shooting range. The issue has come up when students forget to remove their gun or weapons from their cars. If a school has the suspicion that a student is in possession of a weapon they can search a student’s vehicle without their consent. If the weapon is discovered, this will lead to expulsion.

Social Media Posts or Text Messages

A student’s use of social media can lead to expulsion. A political comment or remark about a news story can lead to expulsion. If the social media post is believed to be a threat, cyber-bullying, or discrimination, a student can be recommended for expulsion.Click to read about the school expulsion procedure. Richard Asselta is an award-winning school expulsion attorney with offices in both Florida and New Jersey. He is experienced with defending students against expulsions and all other types of school misconduct and discipline. Call The Education Lawyers today and we will fight to keep you in school. (855) 338-5299