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  1. #1

    Default Attending School With a Felony Conviction

    My question involves criminal law for the state of: florida

    My son was recently charged with 2 felonies. he has not gone to court for either one. What is the rule for him attending school. he is 19 years old and is only short 3 credits of getting his high school diploma. His current school states he can not attend there but they will allow him to take classes online.

  2. #2
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    Question Re: Felony/School

    Quote Quoting groberson0088
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    His current school states he can not attend there but they will allow him to take classes online.
    So what's the problem?

  3. #3
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    Default Re: Felony/School

    Quote Quoting 525601minutes
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    So what's the problem?
    The possibility of a lawsuit (ACLU comes to mind) based on the basic principle of the presumption of innocense until proven guilty. In this situation, the school is limiting the students participation/interaction based on the filing of charges against the him/her without a conviction; hence guilty until proven innocent.

    However, if the defendants alleged actions and subsequent charges are of a violent nature and threatens or puts the lives of others in danger, and the allegations can be substantiated and show an imminent and immediate danger to the student or others, then the school is warranted in their restrictions.

    But again, only if the student's actions support the fact that such a threat exists and the school can show such.

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    Arrow Re: Felony/School

    Quote Quoting M'sta Mikey
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    if the defendants alleged actions and subsequent charges are of a violent nature and threatens or puts the lives of others in danger, and the allegations can be substantiated and show an imminent and immediate danger to the student or others, then the school is warranted in their restrictions.
    Good point! I jumped the gun by thinking the charges were of such a nature. My bad. Maybe the OP will come back and tell us what he is charged with doing.

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    Default Re: Felony/School

    You don't have to be convicted of a crime to be subject to school discipline - most school discipline, including suspensions and expulsions, occurs without an associated criminal prosecution.

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    Default Re: Felony/School

    Quote Quoting Mr. Knowitall
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    You don't have to be convicted of a crime to be subject to school discipline - most school discipline, including suspensions and expulsions, occurs without an associated criminal prosecution.
    Thanks sir and I understand completely. However, such actions could bring repercussions, as in the Duke LaCrosse Team (rape accusation) case. There was much fallout from that case in particular with no criminal convictions secured.

    I understand that limitations and restrictions should be in place in instances such as the OP described, and to err on the side of caution; but these restrictions could bring serious consequences should the accused be cleared.

    Guess the hard part is determining a middle ground that's best for all parties involved.

  7. #7
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    Default Re: Attending School With a Felony Conviction

    There is also the question as to the type of felonies involved and where they were committed.

    For instance... let's say that it is a felony assault.... but on school grounds.

    The discipline may have nothing to do with the legal findings.

  8. #8
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    Default Re: Felony/School

    Please remind me, what consequences did Duke University face over the case after the students were cleared?

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