A school disciplinary proceeding is any action a school takes that somehow impacts a student’s rights. Disciplinary proceedings can be informal or formal and have many outcomes, which become more severe as a child ages. Of course, the severity of the outcome correlates with that of the alleged offense. An elementary student who acts out in class may have to skip recess, whereas a college student accused of sexual misconduct could face expulsion or worse.
When you are a student facing the potential for a Florida Disciplinary Hearing, know you have support. Our academic misconduct Attorneys at Leifert & Leifert have plenty of experience crafting solid defenses and protecting students’ rights in these cases. Call today to schedule an appointment to learn more about your options.
Disciplinary Hearings and Criminal Charges
When the Police arrest a student for a crime, even if the crime is not related to school, the student could face a Disciplinary Hearing on campus. You may think your child is too young to face these consequences. However, Florida Statutes § 985.031 allows Police to arrest and charge children as young as seven. Additionally, if the alleged crime is a felony, the Police can charge a child younger than seven. So, students from about first grade throughout the rest of their academic career may face Disciplinary Hearings.
While criminal charges are the basis for many disciplinary proceedings, an act does not have to be a crime to bring about one of these proceedings. For example, sexual harassment may not be illegal but can merit a disciplinary proceeding. Other allegations typically leading to disciplinary action include:
- Theft
- Assaults
- Bullying
- Academic fraud
- Drug possession
- Underage drinking
- Sexual misconduct
Whether or not your disciplinary action is related to a Criminal case, your family needs the help of an Attorney. The consequences of Disciplinary Hearings in Florida may be more significant than those of related criminal actions. Students can be suspended, expelled, put on probation, and lose their scholarships. High school students who face punishment can lose admission to colleges and scholarship offers. College students could be suspended and unable to graduate or transfer to another school.
Lower Burden of Proof
Students receive some due process in a Disciplinary Hearing but not at the same level as those in a criminal proceeding. When the Police arrest and want to question a Suspect, they must provide the Suspect with their Miranda Warnings. The Miranda Warnings inform people of their right to remain silent and their right to an Attorney. In contrast, students may not feel they have the right to remain silent if questioned by their educators, principals, headteachers, deans, school police or disciplinary boards. Furthermore, students may not realize they have the right to legal representation in Disciplinary Hearings.
In Florida, the standard of proof in Disciplinary Hearings is also lower than in Criminal proceedings. Criminal proceedings require proof beyond a reasonable doubt, whereas Disciplinary Hearings only require a preponderance of the evidence. So, it is much easier for someone who is factually innocent to receive punishment in a Disciplinary Hearing.
Connect With a Florida Attorney About Your Disciplinary Hearing
Some students do not realize how serious this process is until they are in the middle of their Florida Disciplinary Hearings. While these hearings may seem informal and less severe than criminal proceedings, they can have a long-lasting impact. An adverse outcome in the proceedings can lead to a referral for criminal charges. Be proactive about protecting your future by consulting an Attorney before a Hearing. Call today for an initial consultation.
