“Addressing Students Facing Criminal Charges for Off-Campus Misconduct”

Nov 19, 2012

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Maryam T. Brontine authored “Addressing Students Facing Criminal Charges for Off-Campus Misconduct” published in the November 2012 issue of National School Boards Association’s (NSBA) Inquiry & Analysis. Maryam discusses that increasingly, school districts are learing of student misconduct that occurs off-campus, does not involve a school-related activity, and results in criminal charges for the student. Based on the nature of such criminal charges, school districts are concerned that the defendant-student may pose a threat to the health or safety of the school community. Legally, however, what action can school districts take in regard to the student while criminal charges are pending for off-campus misconduct? The law does not provide definitive guidance on this matter, but this article illustrates creative solutions that school districts, working with legal counsel, may use to safeguard th school community without violating the accused student’s rights.