Advocating for Students, Families, and Juveniles in Civil Rights Cases
The team at Cherkas Metcalfe Law advocates for the civil rights of juveniles, students K-12, as well as college, university, and graduate students through the following practice areas:
- Title IX Violations and Sexual Harassment
- School Disciplinary Actions and Due Process
- Due Process in Higher Education
- Special Education Violations
- Juvenile Delinquency and Due Process
- Higher Education Disability Accommodations
- Education Advocacy
- Violations of: Individuals with Disabilities Education Act, Americans with Disabilities Act, Section 504, Section 1983, Title IX, Title VI, and Constitutional Law like freedom of speech
If your child or student is facing discrimination, harassment, or a disciplinary action, don’t wait to seek help. Call 484-873-8010 or request a free consultation to discuss your situation and learn what legal protections may apply.
How Our Legal Services Can Help You
Experience Fighting Civil Rights Claims
Cherkas Metcalfe Law is a trusted education and student rights law firm serving Philadelphia and the surrounding counties including, but not limited to, Montgomery County, Delaware County, and Chester County. Together, we share over four decades of experience in protecting the civil rights of children, juveniles, and students. As local Philadelphia civil rights lawyers, we have firsthand experience litigating in various state courts, federal courts and administrative agencies in the Middle and Eastern Districts of Pennsylvania. We have extensive experience helping families, just like yours, navigate some of the most difficult legal challenges they have ever faced, as it involves their children and civil rights violations.
Protecting Against Civil Rights Violations and Holding The Responsible Parties Accountable
A civil rights lawyer works to ensure the rights granted to us through state law, federal law, and the U.S. Constitution are protected and vindicated if violated. Cherkas Metcalfe Law works with you and your family to ensure your voice is heard, your rights are protected, and the harm that has occurred is remedied to the fullest extent of the law.
A violation of a student’s civil rights can be triggered under various circumstances. Some examples of a violation of a child’s civil rights may include:
- Being denied participation in extracurricular activities based on a disability
- Assault or sexual harassment based on sex, gender identity, or sexual orientation within the classroom
- A failure to address harassment or bullying based on protected characteristics such as race, color, religion, national origin, or disability within the classroom
- Denial of due process in an expulsion proceeding or other school, college, or university disciplinary process
- Denial of disability-related accommodations necessary to access an education
- Unequal access to academic programs, opportunities, athletics, or resources based on sex
Civil Rights Cases Processes
Whether your child is experiencing discrimination on the basis of their protected characteristics, navigating a conduct violation in grade school or higher education, or a criminal allegation in the juvenile court system, it can be overwhelming determining if any civil rights laws have been violated, your family has a civil rights claims, and/or ensure your child’s civil rights are upheld. Our team specializes in assessing if there is a school-based civil rights claim and guiding families through the available legal and administrative processes in state courts, federal courts, the Office of Dispute Resolution (ODR), Office of Civil Rights (OCR), and the Pennsylvania Human Relations Commission (PHRC). Some of the services we offer clients in civil rights cases include:
- Representation during Due Process Hearings
- Representation in higher education conduct violations and dismissals
- Representation in private school and public school K-12 disciplinary matters
- Consultation on legal options and strategies regarding various civil rights violations
- Representation and guidance in Manifestation Determination Review (MDR) meetings
- Guidance for higher education accommodations
- Representation in juvenile delinquency cases
- Representation in special education matters
- Representation in Title IX proceedings
Navigating a potential civil rights violation can be overwhelming — but you don’t have to do it alone. Schedule your free consultation today or call 484-873-8010 to speak directly with our team.
Why You Should Choose Cherkas Metcalfe Law
Every child and case is unique. This calls for an individually tailored plan in advocating for your specific special needs, circumstances, and goals. We pride ourselves in taking a holistic and detail-oriented approach to learn the individual needs and goals of you and your child. Our process begins by speaking with you and your family to understand your concerns on a personal level.
We then thoroughly review and analyze all medical records, educational records, correspondence, etc., provided by you to give our team insight into your matter. After a thorough review of the record, investigation, and research, we develop a legal strategy best suited to advocate for your unique child and achieve your family’s goals.
Frequently Asked Questions
Violations of a person’s civil rights can have devastating long-term effects on a student’s education and mental health and cause emotional distress, among other things. It is an unfortunate reality that some of our most vulnerable youth experience.
Understanding what constitutes a civil rights violation and the steps that can be taken to vindicate your child’s rights is a critical piece in remedying the situation. Some questions you may find yourself asking could be:
What constitutes a civil rights violation?
Examples include:
- Discrimination based on race, color, sex, gender, national origin, religion, and/or disability.
- Assault or sexual harassment in the classroom.
- Denial of due process in school or higher education disciplinary proceedings.
- Denial of due process in juvenile delinquency proceedings.
Is it possible to file a civil rights lawsuit or complaint for school-related issues?
Yes, it is possible to file a civil rights complaint for various school-related civil rights issues. If a student’s civil rights have been violated by their school district, college, or university, you may have the right to file a complaint in various forums including the Office of Civil Rights, the Pennsylvania Human Relations Commission, federal court, or state court.
How do civil rights laws apply in educational settings?
- Title VI of the Civil Rights Act of 1964 prohibits discrimination based on race, color, or national origin in any program or activity receiving federal financial assistance. Schools cannot deny or limit enrollment based on these factors, must provide equal access to academic programs and extracurricular activities, and cannot enforce disciplinary practices that disproportionately affect students of one race without legitimate educational reasons. Because nearly all public schools, colleges, and universities receive federal funding, Title VI applies to them.
- Title IX of the Education Amendments of 1972 prohibits sex discrimination in any federally funded educational program or activity. Schools, colleges, and universities must offer equal opportunities in all areas of school life regardless of sex, gender identity, or pregnancy status. Title IX applies to most public K–12 schools, charter schools, and colleges, as well as many private schools receiving federal grants or aid, and covers admissions, academics, athletics, and sexual harassment or violence.
- Section 504 of the Rehabilitation Act of 1973 prohibits discrimination against individuals with disabilities by any federally funded program or activity. Schools must provide equal access to education and all school activities, including field trips, athletics, extracurriculars, and discipline.
- The right to due process, guaranteed by the Fourteenth Amendment, to the U.S. Constitution, which says: “No state shall deprive any person of life, liberty, or property, without due process of law.” In an educational setting, this means that public schools and universities — as government entities — must treat students fairly when making decisions that could take away important rights or interests, like access to education. Due process rights are triggered when the school’s action affects a significant interest, such as the imposition of a suspension or expulsion (i.e. loss of educational access) or other disciplinary actions.
- Other important civil rights laws covering school-based claims include the Americans with Disabilities Act (ADA), the Individuals with Disabilities Education Act (IDEA), and Section 1983.
Can I file a complaint against any school?
Under applicable federal laws, only schools and programs that receive federal funding (i.e. financial assistance, grants, or student aid) can be held accountable under those laws.
Under the Pennsylvania Human Relations Act (state anti-discrimination law), courts have generally treated schools – including private schools – as places of public accommodations if they are open to the general public. Thus, even in instances where it may not be possible to file a complaint under federal law, it may be possible to file a complaint under state law.
Contact Cherkas Metcalfe Law
If you believe your or your child’s civil or constitutional rights have been violated, we encourage you to reach out to legal counsel to learn about any potential rights and remedies available to you under federal law or state law. Our team at Cherkas Metcalfe Law is ready to hear your concerns and discuss the best potential strategy to vindicate your child’s civil rights and achieve your goals.
Our firm can be reached through our Contact Form on our website, CMStudentLaw.com or through our phone number: 484-873-8010 to schedule a free consultation.
We look forward to advocating for you and your child. You are never alone in the fight against violations of your civil rights. We are here to fight with you.
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The materials on this website are provided for informational purposes only and are not intended to be exhaustive or comprehensive discussions of the topics addressed. They are not meant to cover every legal issue or be a substitute for personalized legal advice. Laws and regulations change, and how they apply to your situation may differ. The information within this article is not, nor is it intended to be, legal advice. Please consult an attorney for advice regarding your personal situation. To get advice about your particular circumstances, please contact Cherkas Metcalfe Law, PLLC directly. Viewing or using this information does not create an attorney-client relationship between you and Cherkas Metcalfe Law, PLLC.