A Fierce Defense In Student Disciplinary Hearings

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.

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

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.