Student Disciplinary Matters: School and University Lawyers in South Australia
When a school or university issues a disciplinary letter, families often only have days to respond.
The information provided is usually incomplete, the process is stressful, and the impact of a finding on enrolment, on tertiary entry, on tuition fees already paid, on migration status and, later, on professional registration can be permanent.
Stanley & Co Lawyers advises parents and students across South Australia on responding to school disciplinary processes and university misconduct proceedings.
Our experienced student disciplinary and misconduct lawyers help families respond clearly, calmly, and on the terms the decision-maker is required to apply.
Who we act for
- Parents and guardians of students at South Australian government schools, Catholic schools, independent schools and boarding schools
- Students aged 18 and over making decisions about their own response
- University students at Adelaide University (previously known as the University of Adelaide and the University of South Australia), Flinders University, Torrens University Australia and Carnegie Mellon University Australia, and TAFE SA students
- International students whose visa or enrolment is affected by a disciplinary finding
- Students with disability or learning needs whose conduct is being assessed without sufficient regard to disability-adjustment obligations
- Students facing concurrent processes, such as school discipline alongside a police investigation, AFP referral, mandatory reporting or DHS notification
Has your child, or have you as a student, been notified of a disciplinary process? Speak to us before you respond. Call Stanley & Co Lawyers on 08 7001 6135 to book a confidential consultation.
Helpful Questions & Answers
Answer
School matters
- Suspension, exclusion and expulsion responses in government schools (governed by the Education and Children's Services Act 2019 (SA) and Department for Education policy)
- Disciplinary processes at Catholic and independent schools (governed by the school's enrolment contract, codes of conduct and internal policies)
- Allegations involving bullying, sexual harassment, online conduct, social media, drugs, fighting, threats, weapons or property damage
- Academic dishonesty, including allegations of contract cheating, plagiarism and unauthorised AI use
- Procedural fairness submissions where the school has not particularised the allegation, has not provided supporting material, has not allowed a reasonable opportunity to respond, or has predetermined the outcome
- Appeals and review of expulsion decisions
- Liaison with the school where it is the right step, and formal correspondence where it is not
University matters
- Academic integrity and academic misconduct allegations under the relevant university's enabling legislation and academic integrity policy
- General misconduct, sexual misconduct and breach of student behaviour policies
- Suspension and exclusion from coursework, examinations, professional placements and clinical placements
- Show-cause submissions and university disciplinary committee appearances
- Internal appeals and external reviews including, where applicable, the SA Ombudsman and the National Student Ombudsman
- Implications for professional registration where the conduct may be reportable to a future regulator, such as AHPRA, the Board of Examiners for admission to legal practice, or the Teachers Registration Board
Our approach
Most school and university disciplinary processes are not bound by the rules of evidence. They are bound by the institution's own policies and by procedural fairness. That is the framework we work within.
We read the institution's policies before we draft anything. We particularise what has actually been alleged, identify what evidence the institution is relying on, and assess whether the process being run matches the process the institution's own rules require. We then prepare a structured response addressed to the decision-maker.
For families, we know that the student is also our client, even if a parent is the one engaging us. We brief children at an age-appropriate level and prepare them for any meeting they will attend.
For students 18 and over, we engage with them directly. The conduct that triggered the disciplinary process may also have implications under the Privacy Act 1988 (Cth), the Education and Children's Services Act 2019 (SA) or the Criminal Law Consolidation Act 1935 (SA). We advise on all of it.
Why Stanley & Co
We are a full-service South Australian firm. That matters in disciplinary matters because they are rarely contained and confined to one practice area.
A school suspension can flow into a Department for Child Protection notification, a police investigation or, for an older student, a future AHPRA registration issue.
A university exclusion can flow into visa consequences, prevent future admission to legal practice, or have insurance implications. We see the whole picture.
27
Combined Years Of Experience
