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 you can seek in a student defense case in North Carolina. The remedies you may seek in a student defense case are limited to those that would restore you to the same position you were in prior to the incident giving rise to the case. Any remedy that would be punitive—for example, issuing suspensions or expulsion—would not be available in a student defense case. In addition to remedies that would restore you to the same position, you may also be eligible for attorney’s fees and financial awards in order to compensate you for any costs or damages incurred as a result of the incident. You may also be eligible to pursue compensatory education if you have been denied access to educational opportunities. Finally, if the case involves a school board member or employee, you may be eligible to request a civil penalty. This could include a fine of up to $25,000 per violation, which could be awarded to you. It is important to remember that regardless of the remedies you pursue in a student defense case, you must be sure that the case meets all of the criteria for a valid student defense claim. This means that the incident giving rise to the claim must meet the legal definition of a violation of state or federal law, and that the student must have suffered some sort of harm, either physical or psychological, as a result.
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