Are there any restrictions on the types of remedies I can seek in a student defense case?

Yes, there are restrictions on the types of remedies a student can seek in a student defense case in California. The California Education Code and court decisions set forth a variety of remedies available to students in such cases, including monetary damages, injunctive relief, and suspension or expulsion. When seeking monetary damages, courts primarily award compensatory damages for physical or emotional harm suffered as a result of the school’s conduct and, in some cases, punitive damages for particularly egregious behavior. Injunctive relief can include an order for the school to cease engaging in certain prohibited activities or enjoining it from retaliating against a student who has asserted his or her rights. Suspension and expulsion are also available remedies in a student defense case, although they are subject to several restrictions. For example, a student may not be suspended from school simply for exercising his or her right to free speech; rather, the school must provide “clear and convincing evidence” that such speech is disruptive to the educational process. Similarly, a student may not be expelled simply for being disruptive, unless the school can prove that the student’s conduct was substantially disruptive to the educational process. In short, the types of remedies available in a student defense case in California are limited, but they can still provide meaningful remedies in appropriate circumstances.

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Are there any restrictions on the types of remedies I can seek in a student defense case?

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