K-12 School Discipline for Sexual Misconduct in Michigan

Michigan's Revised School Code says a school board "shall expel the pupil from the school district permanently" when a pupil commits criminal sexual conduct in a school building or on school grounds, or pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another pupil enrolled in the same district.^[1] That sentence opens with the words "Subject to subsection (3) and section 1310d," and section 1310d gives the board discretion and a list of factors it has to weigh first.^[1][2]

If you are in immediate danger, call 911. The national sexual assault hotline run by the Rape, Abuse & Incest National Network is 800-656-HOPE (800-656-4673).^[6] Michigan's VOICES4 hotline takes calls and texts at 1-855-864-2374, is confidential, and has advocates available 24/7.^[7]

This page explains the expulsion and suspension rules, reinstatement, how the federal Title IX process applies in elementary and secondary schools, and the reporting duties that fall on school staff. It covers discipline of pupils; the rules for school employees are in teacher-student sexual conduct laws.

What does MCL 380.1311 say about criminal sexual conduct?

The section has two different rules, and they are easily confused.

Subsection	When it applies	What the board may or shall do
MCL 380.1311(1)	A pupil "commits criminal sexual conduct against another pupil enrolled in the same school district"[8]	The board or its designee may authorize or order suspension or expulsion if, in its judgment, the interest of the school is served[8]
MCL 380.1311(2)	A pupil commits criminal sexual conduct in a school building or on school grounds, or pleads to, is convicted of, or is adjudicated for criminal sexual conduct against another pupil enrolled in the same district[1]	The board or its designee shall expel the pupil permanently, subject to section 1310d and to possible reinstatement[1]

The first rule is discretionary on its face and does not refer to a plea, a conviction or an adjudication.^[8] The second uses mandatory language, and it also covers possession of a dangerous weapon in a weapon free school zone and arson in a school building or on school grounds.^[1]

For this section, "criminal sexual conduct" means a violation of MCL 750.520b, 750.520c, 750.520d, 750.520e or 750.520g: the four degrees of criminal sexual conduct and assault with intent to commit criminal sexual conduct.^[9][10] Those offenses are explained in the overview of criminal sexual conduct law.

Why "mandatory" expulsion is not automatic

Section 1310d was added by a 2016 act that took effect August 1, 2017.^[2] It "applies to give the board of a school district or intermediate school district or board of directors of a public school academy, or its designee, discretion over whether or not to suspend or expel a pupil" under the listed sections, which include both subsections of section 1311 described above.^[2]

Before suspending or expelling a pupil under those sections, the school must consider seven factors:^[2][11]

1. The pupil's age.^[2][11]
2. The pupil's disciplinary history.^[2][11]
3. Whether the pupil has a disability.^[2][11]
4. The seriousness of the violation or behavior.^[2][11]
5. Whether the violation or behavior threatened the safety of any pupil or staff member.^[2][11]
6. Whether restorative practices will be used to address the violation or behavior.^[2][11]
7. Whether a lesser intervention would properly address the violation or behavior.^[2][11]

For an expulsion or a suspension of more than 10 days, the statute creates "a rebuttable presumption that a suspension or expulsion is not justified unless the board or board of directors, or its designee, can demonstrate that it considered each of the factors."^[2] The one stated exclusion is a pupil being expelled under section 1311(2) for possessing a firearm in a weapon free school zone.^[2]

For a suspension of 10 or fewer days there is no rebuttable presumption, but the factors still have to be considered. The statute leaves the method of considering them to the sole discretion of the board or its designee.^[11]

What happens after a permanent expulsion?

An individual expelled under MCL 380.1311(2) "is expelled from all public schools in this state," and district officials may not allow the individual to enroll unless he or she has been reinstated.^[12] The statute makes exceptions for an alternative education program, a strict discipline academy and a cyber school.^[12]

Within 3 days after the expulsion, a school district official must refer the individual to the appropriate county department of social services or county community mental health agency and notify the individual's parent or legal guardian.^[13]

Reinstatement timing

Grade at the time of expulsion	When a petition may be started	Earliest reinstatement
Grade 6 or above	Any time after 150 school days after the date of expulsion[3]	Not before 180 school days after the date of expulsion[3]
Grade 5 or below, expelled for a reason other than a firearm or weapon threat	At any time[3]	Not before 10 school days[3]

The petition is initiated by the parent or legal guardian or, if the individual is at least age 18 or is an emancipated minor, by the individual.^[3] If the expelling board denies the petition, a petition may be made to another school board for reinstatement in that district. After a petition is received, the board appoints a review committee, the committee makes a recommendation, and the board decides no later than its next regularly scheduled meeting after receiving the recommendation; the statute says the board's decision is final.^[14]

How does Title IX apply in elementary and secondary schools?

State discipline law and the federal Title IX regulation apply at the same time. Three features of the regulation are specific to K-12 schools or matter most there.

• Notice to any employee counts. "Actual knowledge" includes notice of sexual harassment or allegations of sexual harassment "to any employee of an elementary and secondary school."^[4] A school with actual knowledge must respond promptly in a manner that is not deliberately indifferent.^[15]
• No hearing is required. An elementary or secondary school's grievance process may, but need not, provide for a hearing. With or without one, each party must be allowed to submit written, relevant questions for any party or witness, be given the answers, and be allowed limited follow-up questions before a determination is reached.^[16]
• Discipline comes after the process. The school must follow the grievance process before imposing any disciplinary sanction, or other action that is not a supportive measure, on a respondent.^[15] An emergency removal is permitted only after an individualized safety and risk analysis and with notice and an opportunity to challenge the decision immediately following the removal.^[17]

The full process is explained in Title IX: how a school sexual misconduct case works. A point about school liability under state civil-rights law: in 2024 the Michigan Supreme Court held that the Elliott-Larsen Civil Rights Act does not provide a vicarious-liability cause of action against an educational institution for a hostile educational environment that is the result of student-on-student sexual harassment.^[18]

When does a school involve the police or Children's Protective Services?

If school officials determine that an incident required to be reported under the statewide school safety information policy has occurred at school, the superintendent or a designee "immediately shall report that finding to the appropriate state or local law enforcement agency."^[19] The policy also requires school officials to notify the parent or legal guardian of a minor pupil who is a victim or witness when law enforcement authorities interview the pupil.^[19]

Separately, the Child Protection Law makes school administrators, school counselors and teachers mandated reporters.^[5] Its main points for school staff are these:

• The report must be made immediately to centralized intake by telephone or, if available, through the online reporting system, and a written report must be filed within 72 hours after an oral report by telephone.^[5]
• Notifying the person in charge of the school does not relieve a staff member of the obligation to report.^[5]
• For reporting purposes, "child abuse" includes sexual abuse or sexual exploitation by a parent, a legal guardian, any other person responsible for the child's health or welfare, a teacher, a teacher's aide, a member of the clergy, or an individual 18 or older who is involved with a youth program.^[20]
• A mandated reporter who knowingly fails to report is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both, and a mandated reporter who fails to report is civilly liable for the damages proximately caused by the failure.^[21]
• A school staff member shall not be dismissed or otherwise penalized for making a required report or for cooperating in an investigation.^[5]
• Any person, including a child, who has reasonable cause to suspect child abuse or neglect may report it to the department or a law enforcement agency.^[22]

When a report or investigation indicates a violation of the criminal sexual conduct statutes, the department must transmit the allegation or written report and the results of any investigation to a law enforcement agency in the county in which the incident occurred.^[23] The reporting law is covered in full in mandated reporters of child abuse, and guidance for families is in when a child discloses sexual abuse.

Court orders that keep two students apart

School discipline is not the only way two pupils end up in different buildings. Two court-based rules do the same thing.

First, when an individual who is a student at a school in this state is convicted of, or a juvenile is adjudicated for, criminal sexual conduct or assault with intent to commit criminal sexual conduct, the court must order that the individual is prohibited from attending the same school building that is attended by the victim and from using a school bus if the individual will have contact with the victim during its use.^[24]

Second, a sexual assault personal protection order may, where the petitioner is a minor enrolled in a school that operates any of grades K to 12, restrain the respondent from attending school in the same building as the petitioner.^[25] If the respondent is less than 18 years old, issuance of the order is subject to the juvenile code, and a court may not issue one against a respondent who is a minor child less than 10 years of age.^[26] See personal protection orders for sexual assault and the sister guide's page on PPOs involving minors.

How delinquency proceedings work for a minor accused of a sex offense is covered in juvenile sex offense cases.

What schools tell students about sexual assault and harassment

Under a section added effective October 10, 2023, districts must disseminate to pupils in grades 6 to 12 the contact information for the district's Title IX coordinator and the district's policies on sexual assault and sexual harassment, including specific information that the policies prohibit adverse action against an individual for reporting.^[27]

Other provisions are permissive: a school board "is encouraged to provide" staff training at least every 5 years in responding to pupils who have experienced sexual assault or sexual harassment, and a board "may adopt and implement a policy addressing sexual abuse of children."^[28][29]

What people get wrong

"Expulsion for criminal sexual conduct is automatic." The statute's "shall expel" is made subject to section 1310d, which gives the board discretion and presumes an expulsion is not justified unless the board can demonstrate that it considered each factor.^[1][2]

"The school cannot act without a conviction." The discretionary subsection applies to a pupil who "commits" criminal sexual conduct against another pupil in the district, in the board's judgment.^[8]

"Telling the principal satisfies a teacher's duty to report." The Child Protection Law says notification to the person in charge of a school does not relieve a staff member of the obligation to report to the department.^[5]

"Failing to report is now a felony." The penalty for a knowing failure to report remains a misdemeanor punishable by not more than 93 days or a fine of not more than $500, or both.^[21]

When the same incident leads to both a school process and a police investigation, see a Title IX case and a criminal case at once.