A Fierce Defense In Student Disciplinary Hearings

Last updated on April 21, 2025

Facing disciplinary hearings as a student – whether in K-12, college or beyond – can be scary and intimidating. Your education and future may hang in the balance. These proceedings can have far-reaching implications, impacting not only your current educational status but also your future opportunities.

At Bilello & Soowal, PLLC, we are passionate about standing up for students’ rights in disciplinary hearings. Our lawyers know that educational opportunities are immensely valuable. You shouldn’t be deprived of those opportunities due to unfounded or exaggerated allegations. We will fight for a result that preserves your reputation, education and future. Our attorneys will vigorously defend your rights throughout the process, from the initial investigation to the hearing itself. We will gather compelling evidence, explore potential resolutions, advocate passionately on your behalf, and assist with any necessary appeals.

Student Defense FAQs

Whether you are navigating disciplinary actions or seeking guidance on how to prepare, these answers can clarify the steps and provide support.

What Can Trigger School Disciplinary Hearing?

Public schools are required to have student codes of conduct and detailed disciplinary procedures that afford specific rights to students accused of infractions. Most private schools have similar frameworks. Each educational institution may have its own specific codes of conduct and policies, so it’s important for students and parents to be familiar with these rules to avoid potential issues.

You can face disciplinary proceedings for a wide range of accusations, including:

• Cheating or academic dishonesty
• Using artificial intelligence (AI) in an unpermitted manner
• Bringing weapons, firearms, vape pens, drug paraphernalia and other contraband to school
• Bullying other students or teachers, hate speech, threats or violence, involvement in hazing activities
• Engaging in sexual harassment, sexual assault or other sexual misconduct
• Truancy and attendance issues
• Inappropriate use of technology
• Substance abuse, possession, or distribution of drugs or alcohol on school property
• Gang-related activities

Additionally, getting charged with certain crimes or juvenile offenses can trigger school disciplinary proceedings.

What Rights Do You Have In School Disciplinary Hearings?

The law – specifically Title IX – requires schools that receive federal funding to afford students certain rights in disciplinary proceedings. A disciplinary hearing is one of the most important stages of those proceedings.

As a student, you have:

• The right to adequate notice
• The right to be informed of all the evidence and allegations against you
• The right to conduct a thorough investigation
• The right to hire a private defense lawyer to represent you, including at the hearing
• The right to have your case decided by a qualified, neutral decision-maker
• The right to detailed written findings by the decision-maker
• The right to have your case decided under the “preponderance of the evidence standard,” meaning it’s more likely than not that allegations are true

What is the process for a school disciplinary hearing?

In Florida, school disciplinary hearings follow a structured process set by the school district and state regulations. When a student faces disciplinary action, such as suspension or expulsion, the school will notify the student and their parents in writing about the allegations and proposed punishment.

The student has the right to a hearing before a disciplinary committee or board. During the hearing, school officials will present evidence, and the student can respond, provide witnesses and present their case. After deliberation, the committee will issue a decision, which could include disciplinary action or a lesser consequence.

How should I prepare for a disciplinary hearing?

Preparation is key to presenting a strong case:

• Review the school’s code of conduct to understand the policies allegedly violated.
• Gather evidence, such as documents, emails or witness statements, that support your case.
• Prepare a statement explaining your perspective on the incident.
• Request to review any evidence the school intends to use against the student.
• Consider legal representation, especially for severe allegations.
• Practice responses to potential questions to help ensure clarity and confidence during the hearing.

If unsure of how to prepare for a disciplinary hearing, work with a student defense attorney.

What should I do if I disagree with the outcome of the hearing?

If the outcome is unfavorable, options for appeal may be available:

• Review the school’s appeal process, which should be outlined in the student handbook or school district policies.
• Submit a written appeal within the designated time frame, clearly stating why you believe the decision was incorrect or unfair.
• Seek legal guidance, especially if the decision affects the student’s academic future.
• Request a reconsideration meeting or escalate the appeal to the district school board if applicable.
• Consider external actions, such as filing a complaint with the Florida Department of Education if due process was not followed.

Each case is unique, and legal guidance may be helpful in serious disciplinary matters. Our attorneys will staunchly defend you both in preparation for the hearing and in the hearing itself. We can also protect you during the initial investigation. We will gather strong evidence for your defense, explore avenues for negotiating a favorable resolution, make a persuasive case for you at the hearing and help you pursue appeals if warranted.