Due to the recent school shootings and the prevalence of violence in public
schools nationwide, law enforcement and school administrators are taking
an immensely firm stance on threats of violence by students. Whether it
is an overheard comment or a social media post, a threat of violence by
a student can result in severe consequences, especially nowadays.
How a School Addresses Threats of Violence by Students
As soon as a student threat of violence has been identified and made aware
to school officials and/or police, both parties will respond immediately
and aggressively. School officials will contend that quick action is required
to maintain the safety and order of the students, the staff members, and
the school itself.
In today’s environment, immediate disciplinary actions will likely
be taken into consideration and enforced. So if your child gets in trouble
for allegedly making violent threats, he/she could face immediate suspension
and a recommendation for expulsion from the entire school district. Furthermore,
your child could also face criminal charges, depending on the circumstances
surrounding the case.
However, students have due process rights when facing suspension or expulsion
from school. Under California Education Code Section 48900, any child
who is subject to a school expulsion has a right to seek an appeal. School
expulsion hearings occur in front of an independent panel comprised of
educators and administration staff. At the hearing, the panel hears testimony
from students, school officials, witnesses, and anyone else authorized
to speak on your child’s behalf.
Once the hearing concludes, the panel will recommend to the school board
whether your child should be expelled. The school board can decide to
accept the recommendations or reverse it.
If your child is facing school discipline for making threats of violence
in Ventura County, it is imperative to retain experienced legal service
and fight the school discipline and/or criminal charges. For more information,
request a free consultation with
The Law Offices of Jarrod M. Wilfert today.