Q: Can they remove my daughter from her magnet/academy or suspend her for an allegation that there is no proof of?
My daughter goes to a Miami-Dade public school and participates in a magnet/academy w/in the school. Last weekend there was a school trip where girls were caught vaping. The girls that were caught in turn claim that my daughter was doing the same thing and that she threw out a vape pen in the school bathroom. My daughter insists neither thing happened and there is absolutely no proof. It is their word against hers. Principle wants to kick my daughter out of the magnet/academy or suspend her. Can they do that based on an another student's claim without proof?
A: It is incorrect to say that "there is absolutely no proof"; another student's word IS proof (or evidence). As you indicate, "It is their word against hers". So, it depends on who they believe. If the school's rules and regulations allow suspension or expulsion for that reason, yes, the principal can do so.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.