When you are facing college disciplinary proceedings, there is so much at stake - including tuition payments, grades, permanent transcripts, and your future. An attorney can help you to navigate this process, to ensure you do everything you can to protect yourself and your education at every step along the way.
College/University Disciplinary Process
The discipline process in a college or university will generally be governed by that institution’s code of conduct. The student code of conduct will define each offense, explain the process for challenging violations, and will lay out the potential consequences for different types of infractions.
The discipline process normally begins with some kind of complaint or allegation which will be followed by an investigation. Although some discipline issues will overlap with a criminal investigation, the university will normally use its own investigator for the disciplinary process. During an investigation, the student will typically have an opportunity to make a statement or to offer other relevant evidence.
Once an investigation is complete and a formal complaint is raised, a university may offer various procedures for both informal and formal resolution of a disciplinary matter, depending on the seriousness of the offense. In more minor cases, a student may be given the opportunity to meet with a school official, discuss options, and choose to agree to a set of consequences. Some schools may even have diversion programs which allow for the dismissal of disciplinary allegations upon completion of some kind of rehabilitative program.
Other times, students may opt for a formal disciplinary hearing. The code of student conduct will outline the rules, procedures, and rights of the parties in such a hearing; the rules are not necessarily the same as in a courtroom and typically require a lower standard of evidence than reasonable doubt.
Once a student is found in violation of a college’s code of conduct, sanctions will be imposed. The student code of conduct often provides students facing sanctions the opportunity to appeal the findings from the hearing or the sanctions imposed.
Title IX
While the disciplinary process in a college or university is governed by the code of conduct, there are some state and federal regulations that may apply to the process. One of the most common examples is Title IX of the Education Amendments of 1972 , a federal law which requires institutions that receive federal funding (such as public universities) to institute certain safeguards in disciplinary actions involving sexual harassment.
Disciplinary actions involving allegations of sexual harassment (such as sexual assault) which are subject to Title IX may require universities to follow a different set of rules than those normally found in their code of conduct. For example, Title IX requires institutions to respond within a specific timeframe to allegations of sexual misconduct and outlines procedures which must be followed to ensure a fair, predictable due process hearing.
University/College Student Code of Conduct Examples
UTampa Student Conduct Policies
Stetson Code of Community Standards
Although lawyers are not required and not provided automatically to students facing disciplinary proceedings, involving an attorney early on in the process can be a game-changer. Attorney Lori Wurtzel has career experience as a litigator and as a public school employee. As a result, Lori knows the rules, procedures, and understands how to best protect your rights. Too often, students wait until the last minute to involve an attorney, when much of the damage has already been done, as they attempted to navigate the process on their own. Contact Wurtzel Law, PLLC for a free consultation to discuss your rights and what we can do to help, today.