Can the public school where my son is in the tenth grade no longer allow him to participate in athletics because he got a MIP ticket?

UPDATED: Aug 27, 2011

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Can the public school where my son is in the tenth grade no longer allow him to participate in athletics because he got a MIP ticket?

He was in the private home of the man who bought and supplied the beer to a group of teenagers. The man was arrested and hopefully will be punished for his crimes. My son has never been in any kind of trouble before. He made a very bad choice and we fully agree with him taking his punishment, although it doesn’t seem the school should have the rights to punish him for something he has already been punished for legally and that is not school related.

Asked on August 27, 2011 Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

All schools (public and private) have written rules concerning expected behavior of its students on and off campus. If your son has been precluded from participating in athletics because of a situation where he used poor judgment off campus where alcohol was involved, you need to carefully read the rules in force as to its applicability to your son who is a minor.

Your son is a representative of his school on and off campus. Being able to participate in athletics in high school is a privilege not a right by a student. I presume the coach for whatever sport your son plays has certain rules that he or she requires including a curfew. If your son is allowed to play sports in violation of established school rules precluding his participtation in such events for what he was involved in sends a poor message to the students in general attending his school.

Answer: The school where your son attends can prevent him from patricipating in sports as a direct consequence of the situation he got himself into.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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