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Protecting Bright Futures
JUNE 2019
Bright Futures Bulletin
Protecting Students’ Rights The Nuts and Bolts of a School Tribunal Hearing
A t PhyllisLaw.com, we fight for students facing a school suspension and the possible legal consequences that may follow. The legal process can be difficult for a student to go through, but their rights deserve protection. Georgia law dictates that public school students of any age who are suspended for 10 days or more are entitled to dispute their suspension before a “tribunal.” This hearing must be set within 10 days of the beginning of a suspension that exceeds 10 days. The first part of this two-fold process requires the tribunal to decide whether a rule the school has put in place has been violated by the student, and the second part requires the tribunal to determine whether the suspension is consistent with the behavior.
to a notice, right to representation by an attorney of their choosing, and an opportunity to present witnesses and evidence while disputing their suspension. Georgia schools are also required to have progressive levels of discipline that depend on the circumstances of the rule violation. This requirement gives an attorney plenty of leverage at the tribunal. At PhyllisLaw.com, we have learned that the best chance a student has at relief is to convince the tribunal that the punishment recommended by the school is too harsh. However, it can be difficult to get the school administrator to discuss how they came to the decision of the student’s punishment. The moderator typicallywill not allow the attorney to probe into what punishment other students have received for similar violations. Instead, schools often hide behind “privacy issues.” Legally, local school boards are also required to adopt codes of conduct for their students, and at the beginning of each school year, students and their parents must acknowledge receiving information by signing a document. If the school is unable to produce that document at the hearing, the student will prevail at the tribunal. However, students may have more dire issues to consider beyond a school suspension. School resource officers will often refer these matters to the local police, and while this is sometimes discretionary, other times the referral is mandatory
under state law. Because of this, I often caution my clients in these situations to be mindful that anything said at the tribunal may be used against them at a later criminal trial or juvenile court proceeding. In certain circumstances, it may be in the student’s best interest to exercise their right to remain silent. I often work with students and their parents to determine what would be the best course of action for the student while still offering them a fair opportunity at their tribunal hearing. If the student is unhappywith the tribunal, the decision can be appealed to the local school board, and the subsequent decision from that board can then be appealed to the Georgia Board of Education. Decisions from the Georgia Board of Education can be appealed to the superior court in the county of the local school board. These hearings can be intimidating for students and their parents. At PhyllisLaw.com, we are experienced in guiding students and their families through these hearings, as well as the potential criminal cases that could follow. The law gives students the right to protect their education, and we fight to protect that right.
A student’s rights in this tribunal are backed up by the U.S. Constitution. This gives students the right
The law gives students
the right to protect their education, and we fight to protect that right. ”
–Phyllis Gingrey Collins
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The Truth About Meditation An Ancient Solution toModern Problems
Close your eyes and take a deep breath.
Georgia schools and colleges are cracking down on hazing incidents. Students who participate in hazing may be suspended or expelled in addition to facing potential criminal charges. Providing education on the definitions and potential consequences of hazing can help students protect themselves and avoid succumbing to the peer pressure to haze others. In Georgia, hazing is a “high and aggravated misdemeanor.” The criminal code defines hazing as any activity that “endangers or is likely to endanger the physical health of a student.” The law does not allow consent as a defense, stating that a student’s willingness to be hazed does not protect those doing the hazing from criminal action. Georgia schools have developed hazing rules that are similar to the criminal code, but these rules can also differ in some ways. Some schools have an amnesty policy, which gives immunity to students who seek medical attention for victims in serious danger. The idea is to encourage safety at all costs. and hover above the earth? Probably not. But there are so many benefits that will leave you feeling lighter in another way. A study published in JAMA Internal Medicine found that mindful meditation lowers stress levels, and patients who habitually meditate report less chronic pain. Another study published in the same journal found that regular meditation also fights depression. How Do I Meditate? Meditating is as simple as sitting in a quiet place, closing your eyes, and focusing on your breathing for a few minutes. Whenever your mind starts to wander, gently bring it back to your breath. You don’t need to climb a mountain or pay for a week-long retreat to start meditating. That said, there are plenty of resources that help beginners build a strong foundation for meditation. Popular apps like Calm or
Avoiding Hazing What Your Student Needs to Understand About School Rules and Georgia Law What is Meditation? Meditation has strong roots in various religious and cultural traditions, but anyone can find value in practicing it. The purpose of meditation is to strengthen your mind by promoting mindfulness, focus, and awareness. Does Meditation Work? It depends on what you mean by “work.” Will meditation allow you to defy gravity This is the first step in every meditation session. Though often associated with the New Age metaphysical movement, meditation isn’t all about incense and healing crystals. Meditation is an ancient practice that strengthens your mental focus, and recent research suggests that it offers real solutions to modern problems.
represented a student at a Georgia college who sought medical attention for a fellow student who was close to death after consuming too much alcohol. The school ultimately ignored the amnesty policy during the disciplinary process and suspended the student for a semester, despite the student saving their peers’ life. It is vital that students remember they have rights and are entitled to due process when they are accused of hazing. Unfortunately, schools will often do what is best to protect the image of the institution rather than the rights and safety of their students. For example, many hazing cases will ultimately include a civil personal injury lawsuit. Once a school is sued, it tends to abandon the accused students in an attempt to protect its reputation. This makes retaining an attorney all the more important. At PhyllisLaw.com, we have experience fighting for students, and we pride ourselves on protecting students from the trauma of unfair punishments. Learn more about howwe can help your student by visiting PhyllisLaw.com. Meditation isn’t a magical ritual that will cure all that ails you, but plenty of research suggests meditation does provide tangible benefits to our mental and physical well- being. Maybe one day, meditation will be as commonplace as daily exercise. Headspace are available on any smartphone and offer guided courses you can start anywhere, anytime. You could also check online or at your local community center for group classes if you would like some in- person guidance.
However, students should not rely on this policy. At PhyllisLaw.com, we once
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SUDOKU BREAK Solution on pg. 4
Phyllis’ Favorites Family-Owned House of Lu Serves Marietta for 22 Years When Cindy Lu Tam’s mom, Cindy Lu Senior, said she was going to sell her restaurant in 2010, Cindy knew she had to do something. “That’s when I said, ‘No, don’t sell it. I’m going to move back home and take over the restaurant,’” Cindy recalls. “She was just startled that I was going to do that. I felt that it was needed.” Cindy left her job as a software consultant and worked with her husband, who was an architect, to keep her mother’s passion alive. Because of their drive and determination, House of Lu still stands in the Marietta Square 22 years after it first opened its doors. “I wanted to continue her legacy because she’s been a staple in the Marietta area,” Cindy says. House of Lu has been dedicated to made-from-scratch food since the beginning. To this day, the restaurant continues the tradition Cindy Lu Senior started by never using frozen vegetables, hand-rolling their dumplings and egg rolls in freshly made dough, and crafting dishes with fresh ingredients. In 2012, Cindy and Johnny Tam renovated the exterior of House of Lu. In 2014, the interior went through a complete makeover. The restaurant’s menu expanded to include Vietnamese phŏ, and its bar upgraded to provide alcohol. “People were just stunned; it was just so modern,” Cindy says.
Zucchini SaladWith Toasted Hazelnuts
Inspired by Food &Wine magazine
With raw zucchini, toasted hazelnuts, and a robust Parmigiano-Reggiano, this early summer salad is a delight of different textures and flavors that will make a great side at your next cookout.
In addition to offering quality Chinese and Vietnamese specialties, House of Lu has also become a hub of community interaction. Neighboring the Strand Theatre, Cindy says the restaurant is very supportive of the arts. They proudly feature artwork, antiques, and murals inside the restaurant, and this spring, they added a large mural along the outside of their building.
Ingredients
• • • • • • •
3 small zucchini (3/4 lb.) ● 1/2 tsp lemon zest, grated 3● tbsp fresh lemon juice 3 tbsp extra-virgin olive oil ● Salt and pepper, to taste
Phyllis Gingrey Collins of PhyllisLaw.com has even relied on the restaurant for a few events she has hosted for legal colleagues, Cindy says. Phyllis estimates she has been a frequent customer of House of Lu for the past 15 years, citing its location, quality food, and new atmosphere as some of her favorite components. “I know her as a customer first; now she’s become a family friend,” Cindy says. Regardless of whatever upgrades, changes, and causes House of Lu takes on, Cindy says they will continue to provide the Marietta area with a fresh, sit-down Asian food dining experience. “My mom loves food and cooking. She believes in doing everything from scratch. Pretty much everything we do is from scratch,” Cindy says. “This is not a new term for us.”
● 1/4 cup toasted hazelnuts, coarsely chopped
● Mint leaves, for garnish
• ● Parmesan cheese, preferably Parmigiano-Reggiano, for garnish
Directions
1. Using a mandolin or very sharp knife, slice zucchini lengthwise into extremely thin, wide ribbons. 2. Arrange zucchini ribbons on a plate, sprinkle with lemon zest, and drizzle with juice. 3. Drizzle oil over zucchini, season with salt and pepper, and toss. 4. Scatter hazelnuts over the top, garnish with mint and cheese, and serve.
Learn more about House of Lu and see its menu by visiting HouseOfLu.com.
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www.PhyllisLaw.com | 404.514.3397 278 N. Marietta Pkwy NE | Marietta, GA 30060
Solution from pg. 3
Inside This Issue
Fighting for Your Student 1
Take a Deep Breath
A Glance at Hazing Laws and Rules 2
Phyllis’ Favorites: House of Lu
Zucchini SaladWith Toasted Hazelnuts 3
Take a Break From Your Smartphone 4
Enjoy Your Family Time By Taking a Break from Your Phone
Setting some time aside to be with family is important, but it can be difficult when everyone is always on their cellphones. Constant cellphone use has become a global problem, and the habit is hard to break because we rely on mobile devices heavily for work, school, and keeping in contact with friends and family. Luckily, there are plenty of apps that can reduce how often you’re on your phone and minimize distractions. Siempo After you install Siempo on your phone, it will ask which apps are likely to distract you. Once you select them, the app will move those apps away from the home screen and place the important ones, such as the messaging, contacts, email, and calendar apps, on the first screen. You can also designate times for specific apps to be used throughout the day. Stay Focused Stay Focused is like Siempo, but there are some significant differences. You can set times to access certain apps and put the most distracting ones on lock. Stay Focused also has a “strict mode” that prevents you from uninstalling it, so be sure to think carefully
before activating the lockdown because you won’t have access to those specific apps until the timer runs out. Forest In the time that Forest takes control of your device for a set time limit, the app starts growing a tree. Once the tree is fully grown, your time is up, and it joins the other trees that were grown during other breaks. If you pick up your phone and try to access an app, Forest will send you a notification asking you if you want to kill your baby tree by giving up. Who says guilt isn’t a good motivator? Besides Apps Aside from using these apps, silencing your phone and putting it in another room, leaving it in your car if you’re out at dinner, or keeping it in your purse or back pocket during a social event can also reduce your screen time. Having your phone out of sight and out of reach will keep the temptation of pulling it out at bay. Spending time with your family is crucial, and with these apps and tips, you’ll enjoy each other’s company without too many screen distractions.
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