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 Wilfert Law P.C. today.