QUESTION
Can a civil suit be filed against a school for suspending a student who received an MIP (minor in possession) off school grounds?
Asked on Mar 15th, 2013 on Criminal Law - Michigan
More details to this question:
My 18 year old senior son received an MIP. He has not been to court yet. The MIP happened on Saturday morning on the Blackfeet reservation. The school has suspended him from all school activities. Can they do this?
3 ANSWERS
John J. Carney
They can suspend him but they have to give him a hearing and he can get a lawyer. They have a zero tolerance policy in schools.
Answered on Mar 17th, 2013 at 9:27 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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Possibly. If the school is private, most definitely. If the school is public, they still probably can, but I need more facts
Answered on Mar 15th, 2013 at 12:20 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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They can and they should. Schools have their own rules and therefore their own standards of proof. It is not a court where they have to prove his guilt beyond all reasonable doubt. Students and alcohol on school grounds do not mix and the school has an obligation to make sure that kind of behavior isn't tolerated. You have the right to challenge a suspension and you can if you believe it was unjust or unfairly harsh.
Answered on Mar 15th, 2013 at 10:28 AM