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An academic discipline hearing occurs when your child has violated the school’s code of conduct and now faces disciplinary action. Academic discipline hearings can be called by a variety of names depending on which school district your child attends. An academic discipline hearing serves as an opportunity for your child to be given due process prior to possible r expulsion from that school.
The hearing allows you and your child, who has a legal right to a free education, the opportunity to hear the school’s complaints against your child and to be heard in turn before action is taken to deprive your child of that education, whether temporarily or permanently.
Most students in Orange County, Florida, face academic discipline hearings due to committing what is known as a “level four offense.” This can include behaviors such as fighting, battery, sexual harassment, bullying, bringing weapons or drugs to school, or a variety of other offenses. In Orange County, these hearings are referred to as Team Discipline Meetings.
Students may also face academic discipline over academic dishonesty (e.g., plagiarism, cheating, or using AI to write their essays). Students can also face discipline for cyberbullying a fellow student or using their cell phones to share inappropriate material.
In Orange County, Florida, a hearing will generally involve an area administrator serving as the hearing officer who will make the ruling, the school’s principal or designee, and sometimes teachers, a guidance counselor, or a school resource officer. Students with special needs may have an additional specialist there to speak to their disabilities.
Your child will also be present, and they have a right to bring a parent and an attorney to serve as an advisor and representative during the hearing. An experienced attorney can also assist with any future appeals of that hearing.
Prior to the academic discipline hearing, you as a parent have the right to be notified of the impending hearing and the allegations against your prior to disciplinary proceedings.
In every academic discipline hearing, you and your child are entitled to due process. This means you have the right to a lawyer or advisor, the right to hear the accusations against your child, to understand the nature and details of those accusations, and to respond to them by introducing evidence and making arguments.
During the discipline hearing, you also have the right to present new evidence or information with regard to the accusations leveled against your child.
Finally, you can appeal the results of the academic discipline hearing. In Orange County this is referred to as an“administrative review hearing.” This further hearing would allow you and your child’s attorney to present evidence that was not available for the academic discipline hearing, present evidence that due process was denied, or present argument that the offense does not meet the definition of the alleged offense. These appeals are held before a third-party hearing officer.
Public school cases are generally open and resolved within a month. If you appeal the results of the academic discipline hearing, a final resolution could take several months.
At a University level, some discipline processes can take a year or more, depending on the complexity and severity of the accusation.
Having a lawyer present to represent your child is immensely helpful. A lawyer can help you and your son or daughter know what to expect during the hearing. An attorney can help review their case, refine statements, sort through and understand the evidence, and develop a comprehensive strategy to respond to allegations based on this evidence.
Hiring an attorney to represent your child also puts the school district or institution on notice that a seasoned legal professional is on your side and that you have someone on your side who will ensure that your rights are protected. Without an attorney present, parents and students are often unprepared to respond well to school board accusations and can be railroaded or barely allowed to speak during hearings.
The right attorney at your side lets the school know that they can’t get away with denying your student due process and must allow you and your child to tell your side of the story at length.
For more information on Understanding Academic Hearings In Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407) 890-8472 today.