At Biello & Soowal, PLLC, we understand that students today face immense pressure, not just academically but socially, emotionally, and sometimes legally. When a student is accused of misconduct or faces disciplinary action, it’s more than just a school matter—it’s a threat to their education, their reputation, and their future.
As Florida student defense lawyers, we step in during these pivotal moments. Whether the issue stems from alleged academic dishonesty, behavioral misconduct, or more serious accusations like Title IX violations, our mission is clear: defend the student, protect their rights, and ensure fair treatment throughout the process.
What Is Student Defense?
Student defense encompasses legal support and advocacy for students involved in disciplinary proceedings, criminal charges, or civil issues from school-related incidents. This may involve K-12 public or private school students, college and university students, and postgraduate or professional program enrollees.
Our role as student defense attorneys in Florida isn’t simply about legal arguments—it’s about safeguarding opportunity. We provide counsel on school procedures, administrative hearings, and criminal charges, and how each may affect the other. We prepare students and families to handle complex institutional systems while reducing the emotional and academic fallout.
Common Allegations Students Face in Florida
We’ve seen firsthand the various allegations that can lead to disciplinary hearings or legal consequences. Some of the most common include:
- Academic dishonesty includes plagiarism, cheating, falsifying research, or using unauthorized technology.
- Alcohol or drug violations, especially on dry campuses or among underage students.
- Disruptive or disorderly conduct, including verbal altercations, threats, or property damage.
- Sexual misconduct and Title IX claims require a separate process and strict institutional compliance.
- Social media misuse, including cyberbullying or sharing inappropriate content.
- Harassment, bullying, or hate speech, sometimes involving intersectional civil rights concerns.
- Violations of COVID-19 or other safety policies, which schools now enforce strictly under administrative codes.
In many cases, schools pursue disciplinary action independently of law enforcement. That means a student could be found “responsible” by their school and suffer sanctions, even if criminal charges are never filed or dismissed.
Florida Law and Student Rights
Florida law provides a constitutional and statutory framework that protects students in both public and private institutions.
For K-12 students, the Florida Department of Education mandates a code of student conduct for each public school district (Fla. Stat. § 1006.07). These codes must outline:
- Grounds for disciplinary action
- Due process rights
- Appeal procedures
- Special considerations for students with disabilities under the Individuals with Disabilities Education Act (IDEA)
Institutional policies and the Florida Administrative Code protect students in Florida’s public universities and colleges. Most universities have a “student code of conduct” or “student rights and responsibilities” manual outlining what students can expect during disciplinary actions.
When you hire us as your Florida student defense lawyer, we closely examine the relevant rules and procedures to ensure that your institution complies with all required laws and due process guarantees. This includes your rights under:
- The Florida Constitution
- The U.S. Constitution (e.g., 14th Amendment for due process)
- FERPA (Family Educational Rights and Privacy Act)
- Title IX of the Education Amendments of 1972
- IDEA and Section 504 for students with disabilities
What to Expect During a Student Disciplinary Process
While each school has its procedure, student disciplinary hearings typically follow this general outline:
- Notice of Charges: The student receives a formal letter outlining the alleged violation(s).
- Investigation: An internal investigation gathers evidence, including interviews, documents, and digital evidence.
- Hearing Notification: The student is notified of a hearing date, given a list of rights, and often told they may submit evidence or call witnesses.
- Hearing or Panel Review: A conduct board or administrator hears the case. This is often less formal than a courtroom, but still adversarial.
- Sanctions Decision: The panel issues a decision and, if the student is found responsible, a list of consequences.
- Appeals: Students may have the right to appeal the decision under specific conditions (new evidence, procedural violations, etc.).
Even if the process isn’t labeled “criminal,” the outcome can be just as severe. Expulsion, notation on transcripts, or loss of housing and scholarships can follow an adverse finding.
We help students prepare thoroughly for these proceedings by coaching them on statements, reviewing evidence, submitting supporting documents, and advising them during the hearing. While Florida schools may limit our ability to speak during hearings, our preparation makes a significant difference.
Title IX Defense and Misconduct Allegations
Title IX complaints—often involving allegations of sexual assault or gender-based discrimination—require institutions to follow specific guidelines issued by the U.S. Department of Education. These cases are complex, and schools must provide a fair, unbiased process.
As student defense attorneys in Florida, we take these cases seriously. Students who misunderstand, exaggerate, or fail to follow procedures can face suspension, expulsion, or even legal action.
Under the current federal rules:
- Both parties must receive written notice of the allegations.
- Both sides can present evidence and question each other’s accounts through an advisor.
- There must be an impartial decision-maker.
- Written decisions must include findings, rationale, and any disciplinary actions.
We serve as advisors in Title IX cases and work closely with students to defend against baseless or exaggerated allegations, uphold procedural fairness, and preserve reputational standing.
Defense for Students with Disabilities
Students with disabilities deserve equitable treatment in all disciplinary matters. Florida schools must comply with IDEA and Section 504, which provide critical protections:
- Manifestation Determinations: Before suspending or expelling a student with an IEP for more than 10 days, schools must hold a hearing to determine if the behavior manifests from the disability.
- Behavioral Intervention Plans (BIP): Schools must often address behavior issues through appropriate support, not punishment.
- Procedural Safeguards: Parents must receive notices, participate in meetings, and have access to dispute resolution processes.
The entire disciplinary outcome can be challenged if a school skips or mishandles these protections. We work closely with families to ensure compliance with all applicable laws.
Criminal Charges Arising from School Incidents
Sometimes, an incident at school escalates into a criminal investigation, such as assault, drug possession, or theft. In such cases, school discipline and the criminal process may happen concurrently but independently.
For example, a student charged with marijuana possession may face suspension under school policy, even if the case is later dismissed in court.
We craft a comprehensive strategy when representing students in both disciplinary and criminal matters. We aim to protect the student in both arenas and ensure statements made in school hearings don’t inadvertently harm their criminal defense.
Stand Up for What’s Right in Education
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The Consequences: Academic, Financial, and Emotional
A student found “responsible” or “guilty” of a disciplinary infraction can face several serious outcomes:
- Expulsion or Suspension: Lost credits, delayed graduation, and transcript notations.
- Loss of Housing: Eviction from dorms, sometimes within days of the hearing.
- Loss of Financial Aid or Scholarships: Especially for athletic or merit-based awards.
- Permanent Record Entries: These can affect graduate school, licensure, or employment.
- Visa Complications: A suspension or expulsion can lead to visa revocation for international students.
- Mental Health Strain: Stress, anxiety, and isolation often follow prolonged disciplinary processes.
We don’t just focus on winning a hearing—we look at your life beyond school and help you navigate how to recover, transfer, or reset your academic trajectory.
Why Choose Us?
We are not just lawyers—we are advocates who believe every student deserves a second chance. We bring experience, compassion, and clarity to every case.
When you choose Biello & Soowal, PLLC, you get:
- Direct access to a Florida student defense attorney who understands local and federal law.
- Clear, timely communication.
- Strategic preparation for hearings, appeals, and any related legal matters.
- Protection of your records, rights, and future.
We treat every student with respect and dignity. No matter the allegation, we ensure your voice is heard.
What You Can Do Right Now
If you or your child is facing a student conduct violation, time is critical. Gather documents, avoid making statements without legal advice, and call our office immediately.
Even a minor disciplinary infraction can derail your academic and career plans. Let us help you make it right.
We offer consultations throughout Florida and handle student defense matters in person and virtually. Whether you’re in Gainesville, Tampa, Tallahassee, Miami, or anywhere in between, we’re ready to help.
FAQ
Can I bring a lawyer to my student conduct hearing?
Yes, but schools often limit the lawyer’s role. While we may not always be allowed to speak during the hearing, we can prepare you thoroughly and advise you at every stage.
What if my child has an IEP or disability?
Schools must follow federal laws, including IDEA and Section 504. Before serious discipline occurs, a manifestation determination must be held. We ensure these protections are enforced.
Are school discipline records permanent?
Some records can follow a student through graduation or transfers. We help negotiate for non-disclosure, expungement, or sealing when possible.
Can you help with appeals?
Absolutely. If you’ve already had a hearing, we can review the process for errors or missed procedures and guide you through a formal appeal.
What if criminal charges are also involved?
We handle both the school process and the criminal case to ensure a consistent strategy that protects the student.
Contact Us for Assistance
If you’re searching for a Florida student defense lawyer who will take your case seriously and fight to protect your future, contact Biello & Soowal, PLLC today. Your education is worth defending—and so are you.
