We have frequently advised clients on various issues which have arisen relating to student records. For example, advice has been provided regarding how to respond to requests from various individuals and entities for copies of student records, how to respond to subpoenas for student records and similar issues.
Confidentiality and FERPA
Our attorneys are thoroughly familiar with confidentiality and privacy rights relating to student records. Such rights are established under the California Constitution, California Education Code section 49076, and 20 USC Section 1232g (the Family Educational Rights and Privacy Act (FERPA)). Additionally, we have represented clients in litigation stemming from alleged violations of these constitutional and statutory rights.
Over the years, on numerous occasions we have advised our clients on all manner of questions relating to student rights, including but by no means limited to, student free speech rights, and student rights with respect to permissible and impermissible conduct on campus and in the classroom.
We have also been called upon to advise clients of their rights and responsibilities relating to police and/or school administrative search and seizure of students and student property, police and administration questioning of students, privacy rights of students as they related to public records requests, religious issues, and most recently as they relate to health issues involving HIV and AIDS. We have experience in advising clients regarding the freedom of speech and association of students as it relates to student newspapers, political rallies and demonstrations by students and student organizations both on and off campus.
Our associates have also regularly worked with our clients in advising and assisting them in the issues involving the discipline, suspension and expulsion of students. We assist our clients in conducting their investigations of incidents that may result in student discipline. We also assist our clients in drafting charges, notices or other necessary documentation whether it be for the discipline, suspension or expulsion of the student, and in matters of appeal.
Our firm has provided educational institutions with assistance in managing student expulsion and disciplinary suspensions. Additionally we have for over three (3) decades represented school boards on appeal to county boards of trustees regarding student disciplinary measures.
In several instances, our attorneys have represented districts where students have threatened to kill employees and other students. We sought criminal proceedings and injunctive relief, and restraining orders and advised our clients of the appropriate measures to protect them from any further harm or threats to the institution or students.
We have advised our clients on all manner of student grievances over the years.
Student Complaints of Unlawful Discrimination
We have broad experience and frequently provide advice in the areas of unlawful discrimination. We have successfully defended clients in litigation brought by students and employees claiming unlawful discrimination on numerous occasions. We have also been tasked by clients with conducting investigations into claims of unlawful discrimination.