Recognizing and maintaining the right balance 

Tension between the need to maintain necessary order in schools and colleges and the legal rights of students has always been with us. The two are inextricably linked, and their interplay has been exacerbated in recent years as we’ve seen both an increase in student misconduct and an increase in laws asserting students’ rights. Schools have pushed hard to maintain attendance and increase graduation rates at the same time misconduct has increased in frequency and severity. More use of independent study programs has brought with it an increase in cheating. Inappropriate social media use such as bullying and sexual harassment have been on the rise, as well as actual physical misconduct, such as defiance, vandalism, assaults, and weapons on campus.  

Conversely, students have rights regarding due process, representation, appeals, First and Fourth Amendment rights, and many more, with which schools need to be both aware and compliant. Both for policy development and application and individual occurrences requiring an immediate response, F3 attorneys are ready to advise you on what you may, may not, and should do. 

Rights, responsibilities, and the laws that govern them

Tension between the need to maintain necessary order in schools and colleges and the legal rights of students has always been with us. The two are inextricably linked, and their interplay has been exacerbated in recent years as we’ve seen both an increase in student misconduct and an increase in laws asserting students’ rights. Schools have pushed hard to maintain attendance and increase graduation rates at the same time misconduct has increased in frequency and severity. More use of independent study programs has brought with it an increase in cheating. Inappropriate social media use such as bullying and sexual harassment have been on the rise, as well as actual physical misconduct, such as defiance, vandalism, assaults, and weapons on campus.  

Conversely, students have rights regarding due process, representation, appeals, First and Fourth Amendment rights, and many more, with which schools need to be both aware and compliant. Both for policy development and application and individual occurrences requiring an immediate response, F3 attorneys are ready to advise you on what you may, may not, and should do. 

The evolving question of student discipline and school authority

What students may be disciplined for, who is responsible for disciplining students, and what form that discipline may take are questions every school and college grapple with daily. Where is the line between First Amendment rights and safe speech on social media? Can students maintain encampments on college campuses and school property? What communication constitutes harassment as opposed to protected free speech? Do schools have the right to regulate student posts? Can colleges regulate student journalism? Where does the authority of schools to define inappropriate student behavior begin and end – at the school door, on campus, on the bus, in the parking lot, at away sporting events, in cyberspace? When and how can students be suspended or expelled, and what are their rights to representation and due process? When should law enforcement be brought in?  

Because laws and regulations that govern these matters never stop evolving, and each issue you face is unique and fact-dependent, it takes counsel thoroughly steeped in school law to guide you. 

When conflicts lead to adjudication

When a claim is made against a student by a school district, community college, university, or another student, it’s the institution’s responsibility to ensure both privacy and due process as the law requires. We work closely with and support schools throughout the entire adjudication process, including investigations, engaging with law enforcement, conducting hearings, expulsion hearings, and the appeals process when needed. In administrative hearings and in court, our attorneys are at your side. 

From advising districts and administration in upholding students’ constitutional rights, to ensuring that confidentiality, school safety, and discipline rules are upheld and applied, we provide school district leaders with guidance and support that is focused on the success of the educational mission. 

In some matters, such as harassment, bullying, and other violations, rather than simply expelling students, schools may choose to engage in “restorative justice,” bringing a victim and a perpetrator together to make the perpetrator understand how his or her actions have affected others. It’s not a simple process and requires training for districts and colleges that want to use this approach. F3 can help you become trained in this growing form of conflict resolution. 

Educating the educators

We believe the key to effectively preventing problems is to ensure schools and colleges have the right information and training—not only regarding today’s issues, but looking around the corner, too. Our presentations and training workshops for school districts, county offices of education, higher education institutions, and professional groups have covered a wide range of issues, always customized to meet the specific needs of the district or organization. We have provided training on the following and much more: 

• Uniform Complaint Procedures investigations
• Conducting student misconduct investigations
• Navigating the expulsion process
• The legal basics of student discipline
• Students and the First Amendment
• Non-discrimination in the classroom
• Custody and parental rights
• Individual Education Program (IEP) roles and responsibilities
• Preventing bullying in the classroom
• Gender issues and the rights of LGBTQ+ and nonconforming students

The “Student Discipline Guidelines” document F3 attorneys developed is a handy reference tool on student disciplinary matters.