Can Students Be Arrested For School Misconduct?

Learning is supposed to happen in a calm and controlled environment—but student behavior sometimes leads to expulsion or other disciplinary action. Misbehavior that occurs on school grounds can, in some cases, lead to police involvement. This prompts a pertinent question: Can arrest be brought upon a young individual for school related infractions?

Discipline Administered By Schools And Legally Punishable Offenses

Infractions, or deviant behavior, as it is sometimes referred to, does not always have to be criminal behavior. Schools have their very own unique disciplinary procedures that they follow to deal with a multitude of issues. These issues include but are not limited to: being late to class, not following the dress code, exhibiting disrespectful behavior, and transgressing the student handbook. Such offenses are carefully dealt with in form of detention, suspension, or other punitive measures taken within the school confines.

However, when misconduct includes acts that can installed in law such as assault, drug possession, threats of violence, or vandalism, school authorities have the right to bring in police assistance. In such scenarios, a student stands the chance of being disciplined by the school, arrested, and prosecuted.

• Common School-Related Offenses That Could Lead to Arrest  
• Some examples of behaviors that might result in arrest include:  
• Physical fighting with – or assault on – staff or a pupil  
• Violent threats, including bomb or school shooting threats (even if jokingly issued)  
• Carrying of any firearms or dangerous weapons onto school grounds  
• Possession or selling of controlled substances, drugs, or alcohol  
• Stealing or willful destruction of school property  
• Sexual harassment or assault  
• Harassment though the use of technology or threats intended to compromise school safety  

These actions are often in violation of at least one school district policy or a law at the state or federal level.  

The Role Of School Resource Officers (SROs)  

Most educational institutions have School Resource Officers (SROs)—police personnel placed in particular schools for educational policing. SROs usually are on the scene as immediate responders when offenses are reported to the police as happening within the school premises.  

SROs can be a great precautionary measure, however, having them present in schools has raised questions and concerns regarding the “school-to-prison pipeline.” Such processes refer to many students, most often disabled or from underserved population groups, being diverted into the juvenile and criminal justice systems for conduct that could be addressed through educational frameworks.  

Legal Protections For Students  

Students are entitled all legal rights concerning all issues dealing with law enforcement within school premises. For example:  

• Miranda must be read if a student is being interrogated in custody.
• In a number of jurisdictions, guardians need to be informed if their minor is being interrogated by the police.
• Protection clauses in special education regulations, for example the The Individuals with Disabilities Education Act (IDEA), extend additional safeguards for students with disabilities, particularly with regard to discipline or suspension matters.

Both parents and students need to understand their rights and obtain legal assistance if an incident involving a school happens in a police arrest or a criminal charge.

What Parents Can Do

Parents of students who are arrested for school misconduct should:

1. Maintain their composure and obtain detailed information about the event in question.
2. Obtain information from the school, incident report files, and disciplinary notice files. 
3. Seek advice from a practitioner of law who combines education law with juvenile law. 
4. Know what the potential implications are within school (suspension, expulsion) as well as within the criminal justice system (financial penalty, probation, and even incarceration in a juvenile facility). 

The Bottom Line

Not all cases of school misconduct will result in an arrest; however serious infractions that breach legal statutes can cause undue law enforcement scrutiny. Being able to differentiate between school-inflicted punishment and criminal-inflicted punishment is crucial. These families and students, who are most affected, are the ones that require proper information on how to uphold their rights guides to how to tackle the situation at hand.

This blog is brought to you with the support of K Altman Law. If you’re facing a campus investigation or disciplinary issue, their experienced university lawyer is ready to protect your rights and guide you through the legal process.