HighSchool

[Tyler004]

Jurisdiction

South Carolina

Recently I was driving my car with another person and got pulled over which resulted in a gun containment charge. The police found the gun in a black book bag that belongs to the other person. I had no knowledge of the bag or what was in it. Despite this, I invoked my fifth amendment as I've also been told to stay silent and talk to an attorney. The school district found out and immediately told us not to come to school until there was an expulsion hearing. In the hearing, one of the school officials showed the hearing officer an email that the other person in the car sent to the principal which explained that I had no knowledge of it being there and it was his. My court date isn't till May 26th, and the solicitor's office still hasn't even gotten the case. Despite this, the School district has already decided I am guilty and has decided I must attend an alternative school for the rest of the school year on account of the charges. I could see them not allowing me to return to the school building until the court made a decision but I just don't understand how they can decide to punish me before the solicitor's office has even received the case.

 

[zddoodah]

For starters, the school authorities don't have to accept an email, which could be easily doctored.

At the end of the day, if your parents share your consternation over the situation (assuming you're a minor), they can retain an attorney to advocate on your behalf.

 

[Zigner]

Instead of simply pointing out that you didn't ask a question, I will ask you to clarify what your concerns are so that we may address them.

Beyond that, if you are a minor, then your parents should be involved. If you are not a minor then they won't. Either way, you should speak only to an attorney about this matter.

 

[adjusterjack]

I just don't understand how they can decide to punish me before the solicitor's office has even received the case.

Because it's two different things.

The criminal prosecution requires that you've been afforded the constitutional right of due process and requires you to be adjudged guilty beyond reasonable.

The school's administrative code likely doesn't require any of that for high school students.