The Importance Of Documentation In Academic Discipline Cases

In this article, you can discover…

• What documentation is needed for an academic discipline hearing.
• The role of medical records in a disciplinary hearing.
• How to document verbal interactions with school staff. 

Why Is Documentation Crucial In School Academic Discipline Hearings?

Documentation memorializes evidence and helps make it presentable during a hearing. For this reason, it’s important to ensure that all communication between yourself and the school board, teachers, and staff is done in writing; this helps create a paper trail and preserves this evidence for your education attorney to later review and use in your defense.

Text messages and emails should be preserved, screenshotted, and saved. Make sure that your attorney receives every possible piece of documentation related to your child’s case, even if it seems trivial. This documentation can be used during a hearing, an appeal, or even a lawsuit, if necessary. 

What Types Of Documents Should Be Gathered Before An Academic Discipline Case?

Be sure that you request all documents and evidence related to your child’s case from the school district. Make sure the request is open-ended as opposed to specific so that the district cannot withhold evidence and later claim that you did not ask for it. An experienced education attorney can help you understand how to make these requests and how to submit them. 

If witnesses can be identified, request written and signed witness statements from them. In general, be sure to preserve every written and digital piece of evidence related to your child’s case. 

How Can Medical Or Psychological Records Impact An Academic Discipline Case?

Medical and psychological records can have a positive impact at an academic disciplinary hearing. If your child has a known disability or psychiatric issues, be sure to collect all documentation related to their condition and treatment. This can be especially helpful if your child’s discipline issue is a manifestation of their disability. 

If it is found that your child’s conduct was directly related to their disability, or the school’s failure to properly implement safeguards for your child’s disability, then your child’s school cannot remove them from their normal school setting for more than 10 days unless the offense includes drugs or guns.

Attorney Michael Barber is a diligent and caring attorney serving Florida. For over 12 years, he’s helped families preserve and present important documentation at school discipline hearings and guided them in protecting their rights with professionalism and care.

Unsure of which evidence to preserve for an academic discipline hearing?
Contact The Law Office of Michael D. Barber at (407) 890-8000 for astute legal help today!

If the school does not have your child listed as having a disability, but you suspect that they have one, be sure to bring this up with your lawyer before the hearing and collect all documentation related to your child’s health issues and relevant incidents. 

This evidence can often go a long way in helping to defend the student against the allegations. It can also prompt the school to evaluate and consider your child for a specialized or individual education plan.

How Can I Document Verbal Interactions With School Staff?

Be sure not to record school staff without their permission. It’s important to note that in the State of Florida, it can constitute a felony offense to record someone without their permission if they’re in a location or context where they have the expectation of privacy. 

A better way to document verbal conversations with school staff is with a follow–up email expressing the wish to memorialize that conversation, along with details about the location, time, and content of that conversation. 

This gives them the chance to acknowledge the conversation and share their input. It also provides you with a paper trail in case they ignore the email or try to deny the conversation took place.

How Does Documentation Help In Appealing A Disciplinary Decision?

Documentation helps memorialize conversations, rulings, and evidence. This can be especially helpful during an appeal, as staff may try to change or deny what they had previously said. Careful and thorough documentation allows you to present clear evidence to an appellate authority and helps make your case for an appeal much stronger. 

Can You Describe An Experience When A Client Having The Right Documentation Helped Their Case?

A University level case I handled involved the school trying to claim that a certain action was taken on a certain date. We were adamant that it had not, and going back through my client’s preserved emails proved the school’s timeline was incorrect. 

As it turned out, that timeline was crucial to the case, and we ended up getting a very satisfactory and just ruling that allowed my client to return to school. This is just a small example of why complete documentation is crucial in these cases, no matter what the specifics of the situation you’re facing might be. 

For more information on The Importance Of Documentation In School Discipline Cases, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.