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Some educational institutions may not allow attorneys or other non-school personnel to attend a hearing, interview, or meeting involving an alleged disciplinary violation. If you find yourself or your child in this situation, you may feel helpless and uncertain about how to proceed.
For this reason, it is critical for anyone accused of sexual misconduct by a college or university to retain an attorney familiar with representing college students involved in these kinds of cases. Importantly, the outcome of a sexual misconduct case conducted by a college or university may also result in criminal consequences.
It is important to understand that expulsion and other school disciplinary hearings are not held in a court of law with a judge presiding. The rules of evidence that apply in the courtroom are not applicable in this context.
If your child has a documented disability or receives special education accommodations as part of an IEP or 504, he or she is entitled to additional legal protections. The school will be required to hold a Manifestation Determination Hearing (also called an MDH or 10-day hearing) if the child may be removed from school for more than 10 days.
In many cases the behavior giving rise to the school disciplinary proceedings may also be charged criminally in juvenile court. Sometimes the criminal consequences may be even more severe and long lasting than whatever action the school takes.
Conduct Code Violations. Every public and private college and university in the United States has a code of conduct. While these codes may differ in the details, one thing remains the same: a conduct code violation can put your higher education—and your future—in jeopardy.
In short, Title IX protects students, faculty, coaches, and other employees at publicly funded schools from discrimination on the basis of sex or gender. This law applies to the vast majority of colleges and universities in the United States, as well as to the students at these institutions.
Colleges or crime victims may report criminal acts to local authorities , and suddenly a student can face arrest and serious criminal charges. In many situations, a criminal case can take place at the same time as a college disciplinary hearing.
In many situations, a criminal case can take place at the same time as a college disciplinary hearing. Students in this position must seek qualified legal representation from an attorney who can handle both the college disciplinary case and the case in criminal court.
Allegations of sexual harassment or sexual assault that implicate Title IX are of special concern to colleges and universities around the country, especially in light of high-profile cases and social commentary regarding a permissive attitude toward “rape culture” on campus. As a result, when these types of allegations are leveled against a student, the educational institution is under tremendous pressure to deal with the case as quickly as possible, as failure to do so could have a significant and adverse impact on its national reputation. In addition, swift and decisive action regarding allegations of sexual misconduct may dissuade others from engaging in questionable conduct, further incentivizing colleges and universities to deal with these kinds of cases quickly and judiciously.
An attorney familiar with college code violation proceedings may be able to help students and their parents in a number of ways, including the following: Investigate the case and determine whether there is any evidence that tends to strengthen a student’s argument that there was no violation.
Generally speaking, if you are accused of violating the code of conduct, you will receive a notice of a disciplinary violation and may be called before a hearing committee. Unfortunately, the rights afforded to you in the disciplinary process are often weak and arbitrary.
has a code of conduct that applies to its student body. This code is usually included in a student handbook and tells students how they are expected to behave on campus and what types of behaviors are forbidden.
Too often, college students do not recognize the severity of a code of conduct violation and you may think you can handle the allegations yourself. You may also feel embarrassment or shame and do not want your friends and family to find out and, therefore, decide not to consult with an attorney.
For this reason, if you are accused of a code of conduct violation, you should retain legal counsel immediately.