Arizona Student Defense Attorney | Protecting Students’ Rights
At just 8.1%, Asian-Americans saw the lowest admission rate of any racial group into Harvard between 1995 and 2013. This fact, among others, is what has encouraged some Asian-American students to file a lawsuit against the University alleging racial bias in their admissions practices. The case was first brought in 2018, and Federal District Court Judge Allison D. Burroughs actually ruled in Harvard’s favor in October 2019. In 2020, the First Circuit Court of Appeals upheld the original decision. However, in January 2022, the US Supreme Court agreed to hear the case.
The students, in this case, are exercising their right to an attorney. In their particular case, the students are the plaintiff, and Harvard University is the defendant. However, the roles could also be reversed, and a student may require a defense attorney. Today, we will examine why a student in Arizona may require a defense attorney and what Chelle Law can do about helping to get them that representation.
Cyberbullying: How a Defense Attorney Can Help
Bullying is seen in an increasingly serious light in the school system these days. Not only is in-person bullying a potential problem among students in a school system, but it is also necessary to be aware of the fact that cyberbullying is also a serious issue these days. Cyberbullying is a very broad category of bullying that can include many different actions. Stopbullying.gov defines what cyberbullying looks like:
Cyberbullying is bullying that takes place over digital devices like cell phones, computers, and tablets. Cyberbullying can occur through SMS, Text, and apps, or online in social media, forums, or gaming where people can view, participate in, or share content. Cyberbullying includes sending, posting, or sharing negative, harmful, false, or mean content about someone else. It can include sharing personal or private information about someone else causing embarrassment or humiliation.
This definition is broad and lengthy, but it doesn’t necessarily mean that all aspects of bullying that are detailed within are covered by state law. Each state has varying definitions of cyberbullying from a legal perspective, and what qualifies in one state may not be in another. Add to that that certain actions can be misunderstood, and you can see how a student may be wrongfully accused of criminal cyberbullying.
Fortunately, attorneys who work at Chelle Law have extensive training and experience in how to combat cyberbullying claims in court. Our team knows the laws in Arizona, and we will put up a fierce defense for our clients. No student deserves to have their reputation tarnished by false accusations lobbed at them by another. We work diligently to put a stop to this immediately.
Physical Assault Charges | Criminal Defense
There is no question that teachers are faced with a very difficult job. However, it is also the case that many students in our schools today are going through a number of challenging and difficult issues at home. We mustn’t breeze past this; it is always best when those students can receive the help they need before issues spill over into the classroom. That being said, students who are accused of physically attacking a teacher or other school employee need to get a defense attorney right away.
Last year, the Arizona legislature revised a statute in the law pertaining to a physical attack on a teacher or school employee. They revised the law to state that such an attack would be treated as a Class 3 misdemeanor. Thus, a student could potentially receive charges that land them in juvenile detention or even worse, depending on their age at the time of the offense. This could have a lasting impact on their ability to find work and to function normally in the world. It is clearly an extremely serious matter that needs to be treated as such.
Our team of seasoned lawyers can provide the criminal defense that a student may require if they are accused of a crime against a teacher. It is extremely important that they receive the legal defense required to keep themselves safe from the consequences that could befall them if they are convicted of this charge. It is extremely important to put up a spirited defense against a charge as serious as this.
General Criminal Charges
Students may be charged with any of the types of crimes that other Arizonians are as well. Data from college campuses shows an average of 18.7 crimes per 10,000 full-time students. This is a significantly high number and should be paid attention to. Some of the most common charges against college students include:
- Burglary (32%)
- Rape (24%)
- Fondling (20%)
- Motor Vehicle Theft (7%)
- Aggravated Assault (7%)
Every one of these charges is serious, and it is necessary to put up a defense against any and all of them if you are the one being accused of these behaviors. These matters should be taken extremely seriously, and those who find themselves facing down charges like this need to take action right away to try to reduce the level of harm. The attorneys at Chelle Law can help guide you in terms of the actions that you should take to try to minimize the damage.
Whenever anyone is facing a legal matter that is far beyond their ability to handle on their own, it is time to look at the possibility of hiring a lawyer to help with these matters. The stakes are too high to leave anything to chance. The attorneys with Chelle Law have plenty of experience under their belts in dealing with the types of legal matters that may come up in a student’s case. No matter the specifics of the case, things will be better under the guidance of trained professionals who know what to do. We provide that service.
Worried about the circumstances that you find yourself in now? If so, please contact us to set up a free consultation. Our team will sit with you and discuss your options moving forward.
Special Education Attorney for Students | Arizona Defense Attorneys
Statistics indicate that about 112,000 students in Arizona fall under the special needs category. That’s about 11% of the total student population, which indicates that this is a major issue of concern that both the parents and the learning institutions need to understand. Unfortunately, some parents don’t know what special education means.
In the United States, the Disabilities Education Act protects the rights of students with disabilities using various approaches. One of the main approaches in the country is using a Least Restrictive Environment, commonly known as LRE, to enable such students to acquire their education easily.
As a parent, you must understand your child’s rights under the Disabilities Education Act. This will ensure that you can make informed decisions about their education and ensure that they receive the best possible education. If you have any questions or seek legal advice about your child’s rights or need assistance in ensuring that they receive the best possible education, contact an experienced Arizona special education attorney.
At Chelle Law, we understand the unique challenges parents of children with disabilities face. We are here to help you navigate the special education process and ensure that your child receives the best possible education. Contact us or visit our office today to schedule a meeting.
Discipline Attorney for Students | Arizona Defense Lawyer
As a parent, receiving a phone call regarding your child’s disciplinary issues in school is never easy. Naturally, you’ll want to defend them and probably question the punishment selected by the school. In extreme cases, your child might be facing suspension or expulsion. In the 2015-16 academic year, 13.9% of black and 10.4% of native students were suspended from schools in Az for disciplinary issues.
If your child is facing an investigation relating to disciplinary issues, an Arizona student defense lawyer can help. Experienced attorneys at Chelle Law can work with you to construct a formidable defense while fighting for your child to continue their education.
Chelle Law Attorneys Can Help
You should contact an attorney if your child’s rights have been violated. They can help you understand the law and protect your child’s rights. You must ensure that every step in the process is followed correctly so your child has the best chance of success.
At Chelle Law, we have experience handling student discipline cases. We know the law and how to protect your child’s rights. Contact us today to schedule a consultation. We will fight for your child and get them the best possible outcome.
Arizona Reporting of Teacher Criminal Convictions
What are the criminal reporting requirements for teachers in Arizona? If a teacher in Arizona holds a license who teaches at a public school, private school, or charter school. I’m speaking to grades K-12. Suppose you teach any of those grades and receive criminal conviction of criminal charges. In that case, the court will report your criminal conviction to the State Board of Education. They’ll hand over any of their findings of:
- Conclusions of law
- Anything that led up to your criminal conviction
It is a requirement by Arizona Revised Statute 13-3990.
Educators Background Check Laws in Teaching
The court clerk will hand over those documents to the State Board of Education for any conviction. So, this is important to remember as an educator. Suppose this happens and is passed over to the State Board of Education. In that case, it may be an act of unprofessional or immoral conduct. That is especially anything having to do with a minor:
- If they’re a victim of the crime
- They get into danger or any child abuse or violent substance abuse
All of which would likely go under investigation by the State Board of Education.
It’s essential to report it yourself as well, but know that if there’s a conviction in Arizona, the court will send it directly to the State Board of Education. Suppose you receive a sentence for a criminal act outside of the state. Then, you would want to look at those state laws and maybe do some research, but you’ll likely have to self-report anyway.
So, keep that in mind in the future. And then also, as I said, if the State Board of Education does consider it potentially unprofessional or immoral conduct, they’ll open an investigation. There are discipline guidelines for immoral or unprofessional conduct. You can negotiate a settlement and agree on the discipline, the findings of facts, and the conclusions of the law. Or if you decide you want to take it to a hearing with the Professional Practices Advisory Committee. So, the takeaway from all these things is getting a conviction for a criminal act within Arizona. The court will forward all that information to the State Board of Education. An investigation will likely proceed with those findings.
So, just keep that in mind in the future. And then also, as I said, if the State Board of Education does consider it potentially unprofessional or immoral conduct, they’ll open an investigation. There are discipline guidelines for the type of immoral or unprofessional conduct. You can either negotiate a settlement and agree on the discipline, the findings of facts, and conclusions of law, or if you decide you want to take it to a hearing with the Professional Practices Advisory Committee. So, all of these things, the takeaway from this to remember is if you are ever convicted of a crime within the state of Arizona, that court will forward all that information to the State Board of Education, and it’s likely that an investigation will proceed those findings.
Teachers Who Have a DUI | Drunk Driving Teacher With DUI/DWI
In Arizona, receiving a criminal conviction for DUI offenses may also mean facing harsh penalties. Teachers with a DUI conviction can endanger their occupation—losing a job you love and one many depend on can mean a significant change in life. It is possible, however, to maintain your teaching credentials even if you get DUI offenses.
Fingerprint Clearance Cards for Teachers
Arizona requires teachers to have a fingerprint clearance card because they work with children and young people. The card allows a person to work in a position of trust. If there are criminal convictions in the teacher’s background, they will get denied a card. If they already have a card when a criminal conviction occurs, they can have their card revocation or card suspension. They can lose their job.
Conviction of a DUI
Once a criminal conviction occurs, you could lose your teaching certificate and get fired immediately. In some cases, you might be able to continue teaching, but you won’t be able to renew your contract. It will depend on the case itself.
Arizona Teacher Sexual Relationship with a Student Issues
Establishing a sexual relationship with a student by a teacher is always wrong, even if that student is of legal age to give consent (18 in most places). The power dynamic between a teacher and a student is real, and having a sexual relationship in those conditions is inappropriate. Thus, it is something that can both violate criminal laws and certainly violates the code of conduct for that school district. As such, it is one of the fastest ways a teacher can lose their privilege to teach in the district.