Suspensions and Expulsions
Suspensions and expulsions are the harshest punishments a school can impose on a student. In California there are strict guidelines and procedures that schools on all levels must follow while imposing them.
In theory, these punishments are intended for the most severe discipline problems. In practice, they are employed for behaviors and incidents that in the past would have been grounds for a severe talking to and a warning. With social media and smart phones, schools are loathe to take chances. They tend to act first and ask questions later.
This despite the fact study after study has shown that suspension and/or expulsion has a disproportionately negative effect on a student’s future.
The stakes are high.
The Hahn Legal Group APC understands the stakes and will work tirelessly with you to ensure that your student achieves the best possible outcome.
Suspension and Expulsion in California Schools
Students are being expelled nationwide for everything from bullying to ‘unacceptable’ tweets to crimes to having braided hair. You can see from that short list that students can be expelled when serious accusations are brought . . . as well as for almost anything a faculty member or school official finds inappropriate.
Fortunately, a student cannot be expelled without an expulsion hearing. All California public schools at every level follow the same general hearing rules. (Private schools have their own procedures that largely mirror the state).
The basics:
- A hearing must be held within 30 days of the alleged incident.
- The student must receive written notice at least 10 days before the hearing.
- The notice must outline the facts and the charges.
- The notice must inform the student of their rights. Students may be present along with a parent or guardian. Students may be represented by an attorney. In some instances, the attorney may attend the hearing and advise the student but may not be allowed to speak for them.
- As in a criminal trial, the accused has the right to confront all witnesses and question the evidence presented. The student may present their own evidence and call their own witnesses.
Expulsion Hearings and Appeals
That’s a lot to ask of any student and their family to prepare for on such short notice and with so much at stake.
The school must decide within 3 school days after the hearing. There are three possible outcomes: expulsion, a suspended expulsion for as long as a year, or reinstatement.
The student may appeal an adverse decision. The time frame to bring an appeal is short.
An appeal may bring up procedural errors, due process and/or fairness, bias, and lack of jurisdiction.
If this all looks complicated and more like a criminal proceeding than a school matter, it’s because it is.
Do not go this alone.
The attorneys at The Hahn Legal Group APC years of experience with expulsion hearings and appeals. We know the school districts, the process, the pitfalls, and the road to successfully keeping your student in school.
Please call us. Now.
In California, The Hahn Legal Group APC represents clients wherever the school is. We’ve represented students in San Diego, and Southern California including Los Angeles, Imperial, Inyo, Mono, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura counties. We also work with students throughout Northern California’s Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, and Sonoma counties.
