The education of our children is vital to the future success of our children
and our community. The attorneys at Arnold Terrill, P.C., have
handled school expulsion cases and/or related matters for children in
grade school, middle school, and young men and women in high school and college.
Under Indiana law, an expelled student might also lose his or her driving
privileges and or the ability to obtain a driver's license, face a
juvenile delinquency petition in court, along with the loss of a work
permit. We represent our clients in expulsion proceedings with great care
and effort. We understand the importance of education and the negative
consequences that might result if a child is expelled from school.
Expulsion Procedures In Indiana
Indiana law requires public schools to follow a specific expulsion procedure
to ensure each student's due process rights. A student may be suspended
pending the expulsion hearing only if certain criteria are met and procedures
followed. Once a school petitions to expel a student, the student might
be suspended until such time that the expulsion examiner makes his or
her ruling. During that time, the school is required in most circumstances
to allow the student the opportunity to retrieve assignments and homework.
Accordingly, the student should continue to complete his or her school
work even though that student is suspended and not allowed on the school
premises. In the event the expulsion examiner expels a student, the student
still has the right to appeal that finding. We encourage students and
their parents to
contact an attorney with experience in expulsion cases to discuss the students' rights
School Handbooks Or Codes Of Conduct
Most schools set forth a specific suspension/expulsion overview within
the schools handbook or code of conduct. Additionally, the code of conduct
should set forth the types of prohibited conduct and the range of possible
penalties for each. For example, every school prohibits fighting on school
grounds or at a school function. The penalties for fighting or for battery
will likely consist of a range of punishments from a one-day suspension
all the way to an expulsion.
Additionally, if criminal activity is alleged the prosecutor's office
might pursue a juvenile delinquency petition. It is not unusual for a
student accused of wrongdoing to face both school expulsion and juvenile
delinquency proceedings. A student must understand that anything that
he or she says at an expulsion hearing might be used against the student in court.
What Counts As Evidence In An Expulsion Case?
Expulsion cases often rely upon the statements from other students. The
rules of evidence created to prohibit hearsay and unreliable statements
from being admitted at criminal trials do not apply in expulsion proceedings.
Frequently, schools will admit written statements from other students
about an incident as "evidence" at an expulsion hearing. Unless
requested, that witness might not even be present at the hearing and,
therefore, is not subject to cross-examination. A student facing an expulsion
proceeding should not expect to "talk his or her way out" of
the situation. If the student has been wrongfully accused, the student
should be prepared to present any and all evidence, defenses and legal
arguments that support his or her defense.
Get Effective Representation In Expulsion Proceedings
We invite you to
contact us to speak with a Fort Wayne lawyer about your specific situation. We do
not charge you for an initial telephone consultation. Call us toll free