FAQ – Student Defense

What should I do if I am accused of a violation of the college’s code of conduct?

First, review the college’s code of conduct and the specific allegations against you. Then, seek legal advice from an attorney experienced in student defense. It’s crucial to understand your rights and the disciplinary process before responding to any communications from the school or attending any hearings.

What are my rights during a college disciplinary hearing?

You have the right to:

• Receive Written Notice: Be informed of the charges and the evidence against you.
• Access Evidence: Review the evidence that will be used in the hearing.
• Present Evidence: Provide your own evidence and witnesses.
• Representation: Have an advisor, who can be an attorney, present.
• Fair Hearing: Receive a fair and impartial hearing.

Can I have an attorney represent me at my college disciplinary hearing?

In most instances you can have an attorney present as your advisor during the disciplinary hearing. While the attorney may not always be allowed to speak on your behalf, they can provide guidance and ensure your rights are protected throughout the process.

What are the potential consequences of a disciplinary violation?

Consequences can vary but may include:

• Warnings: Formal reprimands.
• Probation: A period during which further violations may result in more severe penalties.
• Suspension: Temporary removal from the college.
• Expulsion: Permanent removal from the college.
• Educational Sanctions: Mandatory counseling or educational programs.
• Housing Penalties: Removal from campus housing.

What should I do if I am facing criminal charges in addition to college disciplinary action?

Seek immediate legal counsel from an attorney experienced in both criminal defense and student defense. It’s important to coordinate your defense strategies in both arenas to avoid self-incrimination and to ensure your rights are protected.

How can I appeal a disciplinary decision made by my college?

To appeal a disciplinary decision:

• Review the Appeals Process: Understand the specific grounds and timeline for appeals as outlined in your college’s policies.
• Prepare Your Appeal: Gather new evidence, if available, and clearly articulate any procedural errors or biases that occurred during the initial hearing.
• Submit Written Appeal: Follow the college’s procedure for submitting a written appeal.

What are common defenses to disciplinary charges?

Common defenses include:

• Lack of Evidence: Insufficient evidence to support the charges.
• Procedural Errors: Violations of the college’s disciplinary procedures.
• Bias or Conflict of Interest: Evidence that the decision-makers were biased.
• Incomplete or Biased Investigation: Missing evidence or biased interpretation.

Can disciplinary actions affect my academic record?

Yes, disciplinary actions can be noted on your academic record, especially severe sanctions like suspension or expulsion. This can impact future educational and employment opportunities.

What should I do if I am accused of academic dishonesty?

Immediately review your institution’s academic integrity policy and seek legal advice. Gather any evidence that supports your innocence, such as drafts of your work or correspondence with professors and prepare for the disciplinary process.

What are the rights of students accused of sexual misconduct under Title IX?

Rights under Title IX include:

• Notice of Allegations: Being informed of the specific allegations.
• Access to Evidence: Reviewing all evidence that will be used in the investigation.
• Advisors: Having an advisor, including an attorney, present during meetings and hearings.
• Cross-Examination: The right to have questions asked of the other party and witnesses.
• Fair Process: Receiving an equitable investigation and hearing.

How can I prepare for a disciplinary hearing?

Preparation steps include:

• Understanding the Charges: Review the specific allegations and related policies.
• Gathering Evidence: Collect any documents, emails, or witness statements that support your case.
• Preparing a Statement: Outline your defense and key points to present during the hearing.
• Consulting an Attorney: Seek legal advice to ensure you understand your rights and the process.

What is the role of an advisor in a disciplinary hearing?

An advisor, who can be an attorney, assists you in understanding the process, preparing your defense, and ensuring your rights are protected. They may provide support and guidance during the hearing and can sometimes question witnesses on your behalf, depending on the institution’s rules.

Can past disciplinary actions be used against me in a new case?

Yes, past disciplinary actions can sometimes be considered in new cases, especially if they show a pattern of behavior. It’s important to address and counter any such evidence effectively in your defense.

What should I do if I feel the disciplinary process was biased against me?

If you believe there was bias:

• Document Instances of Bias: Keep a detailed record of any biased statements or actions.
• File a Complaint: Follow your college’s procedure for filing a complaint about the disciplinary process.
• Seek Legal Advice: Consult an attorney to explore further legal actions or appeals.

How can I ensure my disciplinary hearing is fair?

To ensure fairness:

• Know Your Rights: Familiarize yourself with the college’s disciplinary policies.
• Prepare Thoroughly: Gather all relevant evidence and prepare your defense.
• Seek Representation: Have an advisor or attorney present.
• Request Transparency: Ensure you receive all evidence and information used against you.

What is the difference between a college disciplinary hearing and a criminal trial?

Differences include:

• Standard of Proof: Disciplinary hearings often use a “preponderance of evidence” standard, while criminal trials use “beyond a reasonable doubt.”
• Rights: You have more extensive rights in a criminal trial, such as the right to a public trial and a jury.
• Consequences: Disciplinary hearings can result in academic penalties, while criminal trials can lead to fines, imprisonment, and a criminal record.

Can I be disciplined by my college for off-campus behavior?

Yes, colleges can discipline students for off-campus behavior if it violates the college’s code of conduct or affects the college community. Review your institution’s policies to understand the scope of their disciplinary authority.

What are the potential consequences of being found guilty of sexual misconduct under Title IX?

Consequences can include:

• Suspension or Expulsion: Removal from the college.
• No-Contact Orders: Restrictions on interacting with the complainant.
• Educational Programs: Mandatory participation in counseling or educational programs.
• Academic Penalties: Impact on academic standing and records.

How does the appeal process work for Title IX decisions?

The appeal process typically involves:

• Grounds for Appeal: Submitting an appeal based on procedural errors, new evidence, or disproportionate sanctions.
• Timeline: Filing the appeal within a specified period after the decision.
• Review Panel: An impartial panel reviews the appeal and makes a decision.
• Final Decision: The panel’s decision is usually final, though external legal action may still be possible.

What are the long-term effects of disciplinary actions on my future?

Long-term effects can include:

• Academic Record: Disciplinary actions may be noted on your transcript.
• Employment: Future employers may request access to your academic record.
• Graduate School: Applications to graduate or professional schools may be impacted.
• Reputation: Disciplinary records can affect your personal and professional reputation.