Frequently Asked Questions

Have questions about one of our contracts? Explore Frequently Asked Questions about education law, business, construction issues and personal injury from customers just like you.

General

We serve clients throughout California.

Some of the things that you should look for in an attorney‚ include:

  • The attorney’s reputation in the community.
  • The attorney’s experience with your type of legal problem (don’t hesitate to ask about this during your initial meeting.)
  • The attorney’s communications skills – willingness and ability to talk to you in a language you understand and to keep you informed about the progress of your case and responsiveness to your questions and concerns.

Education Law

There are several federal laws in the United States that protect students from discrimination in schools. Some of these include:

  • Title IX Act of the Education Amendments of 1972: One of the biggest landmark laws in the realm of education, this prohibits any sex-based discrimination in school programs or activities that receive federal funding.
  • Equal Educational Opportunities Act of 1974: This law prohibits discrimination against students, staff, and faculty, and also requires schools to take action against discrimination.
  • The Individuals with Disabilities Education Act of 1990: According to this act, all students with disabilities are entitled to a Free Appropriate Public Education that is tailored to their specific needs.
  • Title VI of the Civil Rights Act of 1964: This act prohibits discrimination on the basis of race, color, and national origin.
  • Section 504 of the Rehabilitation Act of 1973: This act prohibits discrimination against individuals with disabilities in any program or activity receiving federal financial assistance, ensuring equal access to education.
  • Age Discrimination Act of 1975: This act prohibits age discrimination against individuals aged 40 or older in programs or activities receiving federal financial assistance, including educational institutions.

California has additional laws that provide further protection for students from discrimination. Some of these include::

  • The California Education Code: This comprehensive code includes various provisions prohibiting discrimination on the basis of race, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, religion, age, disability, marital status, pregnancy, or genetic information.
  • The Fair Employment and Housing Act (FEHA): FEHA prohibits discrimination in employment, housing, and public accommodations, including educational institutions. It protects against discrimination based on a wide range of characteristics, including race, color, national origin, ancestry, sex, gender, gender identity, gender expression, sexual orientation, religion, age, disability, marital status, medical condition, genetic information, and military and veteran status.
  • The Unruh Civil Rights Act: This act prohibits discrimination in all business establishments, including private schools, based on a variety of characteristics, including those protected under FEHA.

Regardless of the issue, every private and public school, district, and college has its own process for handling violations of student codes of conduct. The most important thing is timing. Missing even one step of your school’s procedures can have significant consequences. It can result in a decision of an absence of defense or delay the appeal process. The sooner you contact a lawyer to help you navigate the process, the better.

While students should follow their school or institution’s codes of conduct, there are certain rights that all students have. All students should be provided a safe environment that is conducive to learning and free from bullying, harassment, and discrimination. In California public schools, students are also permitted to participate in sex-segregated programs and activities consistent with their gender identity, regardless of the gender listed on their records. This includes athletic teams and school facilities.

Suspensions and expulsions can appear on a student’s record and have repercussions on their education career and future careers. Students may be removed from their current educational institution and sent to an alternative school to continue their education, could lose their scholarships and could lose their ability to participate in extracurricular activities. This is a common option for students who are suspended in an attempt to avoid expulsion. You have rights once you are informed that you may be suspended or expelled. Reach out to an experienced educational law firm to guide you through the process.

Bullying is generally accepted to mean continued and intentional hurting of an individual or group where an imbalance of power is perceived. Many actions can be considered bullying, including:

  • Verbal bullying (teasing, name-calling, taunting, inappropriate comments)
  • Social bullying (spreading rumors, leaving someone out on purpose, embarrassing someone)
  • Physical bullying (hitting, kicking, tripping, pushing, or otherwise harming someone)
  • Cyberbullying (use of technology to harass, embarrass, threaten, or otherwise target a student)

All students should feel protected when they are at school. Most states are required to report cases of bullying within a certain number of days and take steps to stop it from happening again. They must report, document, and investigate the case while keeping the victim safe. Some schools may offer counseling for both the victim and the bully. Schools can also be held accountable for off-campus bullying activity, particularly if it occurs online.

Seth’s Law was established in 2012 in California. This law required schools in the state to update their anti-bullying policies to help protect students who are targeted based on actual/perceived sexual orientation, gender identity/expression, race, ethnicity, nationality, gender, disability, and religion. The law explicitly states that “if school personnel witness an act of discrimination, harassment, intimidation, or bullying, he or she shall take immediate steps to intervene when safe to do so.”

Cyberbullying includes forms of bullying that happens through technology, many times off of the school campus. Some examples of cyberbullying include:

  • Bullying via text, image, video, or message board
  • Social media posts including a “burn page,” profile impersonating someone else, etc.
  • Disseminating or request to disseminate sexual videos or photos of a minor

If you have been cyberbullied, it is important to document all instances and contact an attorney to help you determine what your options for proceeding are.

Medical and dental students could face discipline for both performance and academic misconduct. Some of the factors that may lead to disciplinary action include:

  • Poor grades or performance
  • Plagiarism
  • Failure to meet progress requirements
  • Use of unauthorized materials during an exam
  • Violation of the school’s code of conduct

These actions can have serious repercussions that can significantly derail a student’s medical or dental career.

Luckily, students are generally able to appeal their school’s decision for certain infractions. Actions like poor grades, academic misconduct, or a poor clinical evaluation are typically allowed to be appealed. However, while schools are required to hear appeals, appeal hearings are only granted on a very narrow basis. Once options have been exhausted, going to court can also be a possibility.

Sometimes, certain circumstances out of our control can impact our ability to perform up to our potential. Events like medical concerns, psychological issues, family crises, unexpected deaths, or financial issues can have a profound effect on school performance. Many times, schools may not be aware of these issues before they take punitive action. That is why it is so important to act quickly when first notified of possible disciplinary action to avoid any setbacks in your educational career.

Campus Misconduct

If a student is found in violation of a college’s code of conduct, the institution can impose a variety of sanctions including:

  • Withholding of a diploma or degree
  • Housing exclusion
  • Providing restitution
  • Performing community service
  • Exclusion from activities and areas of campus
  • Writing a letter of apology
  • Probation
  • Suspension or dismissal from the college

These actions have serious consequences that can last for years after graduating. Sanctions may be included on college transcripts and student records, which could hinder a student’s ability to get into graduate school or desired jobs. They can also have financial repercussions, including a student’s eligibility for financial aid.

If you are involved in a campus misconduct case, your first course of action should be reaching out to a legal professional. At The Hahn Legal Group, we are committed to vigorously defending your rights. Our priority is to ensure you are fully informed at every stage of the disciplinary process. We will guide you on how to respond promptly and appropriately according to the school’s timeline.

Every college and university has their own timeline for investigations and hearings. Formal investigations can last several months, though that depends on the specific circumstances. Your attorney can give you a better idea of the timeline of a campus misconduct investigation.

Our team will guide you through your hearing and ensure you have all the information and documents you need to make sure you are not blindsided. Together we will decide on the proper approach to take and develop a strategy to be successful. Campus misconduct hearings are much different than criminal court hearings. They are fairly informal and not always as fair as they should be.

We also know that events are rarely clear-cut. Universities frequently act on matters over which they have no jurisdiction, including some off-campus activities and social media posts. Whatever the institution of higher learning, we will clearly explain your school’s process and your rights. We will review the claims and all possible outcomes with you.

The appeal process varies by institution, but generally must be made very quickly after a decision is made. Depending on the sanction, a student may be able to appeal to the Dean of Students. A student may also be able to appeal to a Student Conduct Board to request an additional hearing. Our legal team can help outline your options so you make an informed choice on how to handle your appeal.

Title IX

Title IX is a federal law that protects people from sex-based discrimination at schools or educational establishments that receive funding from the government. The law is part of the Education Amendments of 1972.

Title IX requires schools to have procedures in place for students to file complaints of sex-based discrimination. If a school administration is made aware of an incident, they must take immediate steps to make sure the issue is properly investigated and addressed.

In April 2024, further regulations under Title IX were released by the U.S. Department of Education to further protect students. These regulations include:

  • Protecting students and employees against all types of sex-based discrimination and harassment
  • Requiring schools to take quick action to end any sex discrimination in their educational programs or activities and fix any of the effects of discrimination
  • Empowering students by protecting students and employees from retaliation for exercising their Title IX rights

There are several things that those involved in a Title IX hearing should keep in mind. Hearings will vary by school, but some of the most important things to remember are that:

  • Proceedings begin as soon as the school received the complaint
  • The school appoints an investigator to interview the involved parties, witnesses and review evidence
  • A panel will be appointed to review the accusation and to conduct a hearing
  • Sanctions could be imposed upon the accused student as soon as the investigation is opened (no-contact order, temporary suspension from the school and/or NCAA sports, banishment from student housing, termination of work-study employment, etc.)
  • The school may issue an advisor, which should not to be confused with a lawyer

Schools have a duty to report any form of sexual harassment or discrimination. Under Title IX, sexual harassment refers to unwelcome conduct of a sexual nature that interferes with a person’s ability to participate in or benefit from an educational program or activity. This can include various forms of harassment, such as unwanted sexual advances, requests for sexual favors, or other verbal, nonverbal, or physical conduct of a sexual nature.