What is a Superintendent’s Suspension? Part 2
In my previous post, I talked about superintendent’s suspensions (5 days or more) and your child’s right to a hearing. Once you obtain a hearing, you’re going to have to choose a plea.
Parents and students typically have three choices to plead: innocent, guilty, or no contest. Of these, the no-contest plea is far preferable for most situations.
“No contest” is a misleading phrase. Essentially, it means you are not saying anything, one way or the other. Since you’re not contesting the charge, the prosecution can't say anything beyond the charge itself. The suspension officer will then read the charge, and then render the decision based on that alone.
Pleading no contest doesn't mean that you don't have the opportunity to speak to the hearing officer or the suspension officer. Before the suspension officer opens the record, parent and school are allowed to be in the waiting room together, and to speak with one another in a collegial way.
Once the hearing officer is ready to begin, the parties are brought into a conference room and are allowed to have a brief conversation off the record. The suspension officer explains your rights, explains what it means to plead innocent, guilty, or no contest. This is where you can try to sneak in some context. It won’t be part of the official record, but you will have an opportunity to say, "Listen, you should know..."
You don't need an attorney to plead no contest. You can go yourself, though I recommend bringing a family member or friend to support you. Somebody who knows and cares, but isn't going to allow themselves to be riled up by the ridiculousness of a system that punishes kids by inconveniencing parents.
A lot of parents don't like that advice, and feel most comfortable if they bring an attorney. There’s nothing wrong with bringing an attorney, but you shouldn't necessarily expect that the attorney is going to change the outcome. The purpose of having the attorney there, primarily, is to make sure that things don't get worse by getting emotional, antagonizing the school representative, or the suspension officer.
I always try to discourage people from retaining legal services that they do not need. I am, also, always available to make sure that they're confident in that choice.
Marc Gottlieb
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