What remedies are available when a student is wrongfully expelled?

In New Jersey, there are several remedies available for a student who has been wrongfully expelled. First and foremost, the student has the right to appeal the expulsion decision to the school board. The student should put together a case and present it to the board, including any evidence that supports their innocence. The board will decide if the expulsion was warranted or not and may overturn the decision or reinstate the student. If the school board does not overturn the decision, the student may pursue legal action against the school district. The student can file a complaint in court, arguing that their due process rights were violated or that the school acted unreasonably. The court will then evaluate the evidence and make a determination. If the court rules in the student’s favor, they may reinstate the student to school, as well as award monetary damages to cover any costs incurred as a result of the wrongful expulsion. If the student has already graduated, they can also consider a lawsuit for damages. This may include suing for lost wages or emotional distress caused by the expulsion. The student should be aware that a lawsuit is a lengthy and expensive process and should be only be considered as a last resort. No matter the course of action, it is important that the student seek the advice of an experienced attorney before taking any legal action. An attorney can help the student understand their rights, assess the situation, and determine the best path forward.

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