Student Rights in School Disciplinary Proceedings Essay

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A student is a person mastering the educational programs of secondary vocational education, bachelor’s degree programs, specialty programs, or master’s degree programs. Students of any educational institution have several rights and obligations following which their training should take place. In addition, there are various student organizations that are also endowed with certain rights and responsibilities. Moreover, there are students with disabilities who may require compliance with specific rules and must comply with the educational institution’s requirements. In addition to students, the educational process includes teachers who, in some instances, have the right to due process of law.

The purpose of this essay is to consider all participants in the educational process, namely teachers and students who have their rights and obligations, and to consider these rights on the examples of educational practice.

Students have a relatively large number of rights and obligations according to which their educational process should proceed. The provisions on the rights and obligations of each educational institution have their own, but there are general provisions that should be present everywhere. For example, students have the right to be recognized as full-fledged individuals and the right to express their point of view (Weimer, 2017). One example of court cases on the right of students was Tinker v. Des Moines 393 U.S. 503 (1968), which dealt with the right of two students to the right of speech. In addition, the student has the right to study and safety in the educational institution.

The duties of students include the observance of discipline since it is impossible to build education without it. Moreover, students are obliged to respect each other and teachers, as well as the management of the educational institution (Zhang et al., 2020). One of the duties is the responsibility for the preservation of the property of the educational institution and an ethical attitude to the subjects located inside the building.

Many institutes and schools create clubs and circles for everyone, and these organizations are also endowed with certain rights and obligations. Members of these organizations must be aware of the state rules that relate to their types of activities. In addition, members of clubs and circles must register everyone who wants to and dedicate them to the organization’s activities. Periodically, it is necessary to remind all club members of their rights and obligations in order to avoid adverse incidents.

These organizations have the right to exist as a whole and receive the materials necessary for development from their superiors. Additionally, organizations have the right to request financial assistance from an institute or school in case of urgent need. Organizations have the right to hold events to gather students on the territory of the educational institution, as well as to use equipment and other university subjects.

Students with disabilities also have a range of their specific rights. For example, they have the right to non-discrimination by the administration of the educational institution, as well as students. Students with disabilities have the right to decent accommodation in student dormitories and to receive a quality education. Moreover, students with disabilities have the right to participate in various events held at the educational institution. Understanding these rules will help students to make it easier to study and achieve success.

It happens that students violate the rules of behavior prescribed to them. These violations can be quite severe, in connection with which the student may be suspended from classes. Students have the right to due process of law if they are forced to face disciplinary punishment. The US Supreme Court has ruled that students have the right to due process when they cannot attend an educational institution for more than a short period (Goss v. Lopez, 419 U.S. 565 (1975)). This right includes notification of the student and the right to legal proceedings. Gjelten (2019) claims that students have this right at the constitutional level and the federal and state levels. Therefore, the student must be notified and has the right to receive explanations on the current case.

The zero-tolerance policy complies with the educational institution’s rules and prohibitions on particular behavior and possession of specific prohibited items. In the United States, the zero-tolerance policy is present and actively applied in many educational institutions. Stamm et al. (2016) state that a zero-tolerance policy is necessary to ensure specific parameters that are equally applicable to each student and give a clear idea that certain violations are not allowed in educational institutions, for example, a strict ban on carrying firearms or other life-threatening items.

The zero-tolerance policy directly affects the adoption of legal and ethical decisions by school officials. This is because there are specific rules that are the same for everyone. It is impossible not for legal or ethical reasons to exclude a particular student from obeying these rules. Otherwise, the question of discrimination or violation of discipline on almost all students will arise. The zero-tolerance policy also provides the same penalties for all students, but these penalties must correspond to violations (Scheer, 2019). School officials, in this case, should be tolerant of their students.

Another element included in the education structure is teachers who have their rights, including the right to due process of law. In this case, the procedure will be based on a trial of the teacher’s actions and an assessment of how these actions are justified, lawful, and ethical. Reliable data on the place and time of the incident of the teacher and the student, as well as detailed actions of each participant, must be provided. The teacher has the right to be heard, and they can also hire a lawyer. The decision will be made based on legal norms and laws and the specific evidence presented.

Discrimination in the sphere of labor is an infringement of the rights of an employee or an applicant, and the actions of the employer are not related to the business qualities of the employee. The prohibition of discrimination in work is designed to ensure that everyone has equal opportunities to exercise their labor rights. Discrimination is prohibited at the legislative level in many countries and is punishable by fines for an organization or public institution, including in schools and universities.

In conclusion, everyone has their own rights and obligations, and they must comply with them wherever they are. Students learn this legal aspect while studying at various educational institutions. They also gain the opportunity to learn to take responsibility for their actions and defend their rights. In addition, there are students with disabilities who often have to face violations of their rights. Students form their circles and communities that require specific legal protection and must comply with all designated regulations. Teachers can also gain experience protecting their rights since they have the initial request for a proper legal process. Discrimination present in hiring is a negative factor that should be eliminated in every country and any institution.

References

Gjelten, E. (2019). What are students’ rights in school disciplinary proceedings? Lawyers. Web.

Goss v. Lopez, 419 U.S. 565 (1975).

Scheer, A. (2019). Zero tolerance and the impossibilities of discipline: Findings from the field. Societies Without Borders 13(1), 1-26. Web.

Stamm, M., Frick, W. & Mackey, H. (2016). An analysis of U.S. student drug and alcohol policies through the lens of a professional ethic for school leadership. International Journal of Education Policy & Leadership, 11(1), 1-22. Web.

Tinker v. Des Moines 393 U.S. 503 (1968).

Weimer, M. (2017). . Faculty Focus. Web.

Zhang, Q., Liu, C., Wang, Z. & Yang, Z. (2020). The college students’ sense of responsibility for innovation and entrepreneurship. Frontiers in Psychology, 11(1), 1-60. Web.

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