Strategic Use of Social Media in Student Defense
| | Student Rights
When a student has been accused of any type of misconduct–whether it involves an allegation with the potential for severe penalties, such as sexual assault or an alleged violation of a seemingly minor campus rule–that student is at risk of losing much more than they and their family realize. Consequences can include loss of scholarships, inability to participate in activities, inability to enroll in certain programs, loss of rights on campus, inability to complete studies, and much more.
But the damage to a student’s reputation when there is a finding of misconduct on the record can have effects that extend far into the future. A student can be labeled as untrustworthy or dangerous, and that can interfere with job prospects, aspirations, and even social relationships.
That means that it is important to take all possible steps to defend against any accusations, even if a formal complaint has not yet been filed. Knowing what to avoid is just as crucial as knowing what to do, which is why social media management can be so critical in student defense. While social media can be helpful in some situations, it can also harm a student significantly. It is important to think and consider the ramifications before acting.
Save Past Posts Even if They Appear to Damage Your Case
Most people have posted stuff online that they later regret. It might be a photo, an unpopular opinion, or a dialogue that turned unpleasant. It is tempting to think you can make it disappear by deleting it, but you really can’t. Once something is posted, it’s still available somewhere and can still be found. Moreover, it will be obvious if you try to delete information, and that gives the impression that you have something to hide.
Information in your social media accounts can potentially be used to strengthen your position and help your defense, and it may also be used to build the case against you. Instead of trying to bury it, you should take steps to save anything that might be vaguely relevant.
Your attorney can review the content and determine which posts may potentially be used to support your defense. With regard to potentially damaging posts, it is important for your attorney to have access to the information so arguments can be prepared to refute any negative connotations. With proper preparation, a good student defense attorney can often turn seemingly negative information into neutral or even positive material by making critical distinctions or presenting supplemental information and arguments.
Don’t Try to Justify Yourself or Win Favor Online
Social media provides a platform that appears to give everyone an equal opportunity to explain themselves. When you’ve been accused unfairly, it is natural to want to refute the accusations or offer explanations online. But it is important not to give in to that temptation.
The place where it will be most important to ensure that the truth is told is during proceedings on campus that will determine whether you will be judged responsible for wrongdoing or found to be not responsible for the alleged offense. All efforts should be directed toward success in that venue. Stating anything anywhere else can only lead to harm. Words can be twisted out of context. In many cases, statements made in defense are considered retaliation or harassment that adds to the accusations against a student. It is best to stay silent online and in person, except when talking to your attorney.
Once your name is cleared in the official proceedings, then it will be time to take steps to ensure that the full story is heard. The best way to protect yourself during the investigation is to avoid posting anything on social media.
Using Social Media to Your Benefit
If you’ve been accused of any wrongdoing or you have filed a complaint, such as a Title IX complaint for conduct committed against you, it is to your benefit to avoid adding potential fuel to the fire of evidence that can be used against you. However, you can be on the lookout for statements made by others that can be used to support your side of the story.
Posts by friends and supporters who agree with you will probably not be much help to your case. But what could help is if you can find statements or photos posted by those who filed a complaint against you or the witnesses they will be relying on to support their allegations. Evidence from others’ social media posts might contradict their current assertions. Presenting evidence of those contradictory statements impeaches the credibility of the witness or complainant.
In addition, photos or statements from the time of the alleged incident could serve as evidence to support your version of events or to refute others. An experienced student defense lawyer can work with you to determine which posts may be helpful as evidence and how to preserve and present the evidence effectively.
Due Process Issues Regarding Access to Social Media Accounts
If you have been accused of an offense involving misuse of social media or texting, or any offense where school authorities attempt to access your private accounts, you need to be aware of your privacy and due process rights. When schools violate your rights during an investigation or other proceedings, it may be possible to suppress evidence obtained in connection with the violation.
Alternatively, if a school violates your rights or someone makes defamatory statements during the proceedings and your reputation is unfairly maligned, it may be possible to use legal channels to seek relief and clear your name.
Work with an Experienced Student Defense Lawyer to Protect Your Future
Students and their families often learn too late that disciplinary action on campus can have lasting effects long after college days are over. It is wise to take effective steps to defend against any allegations of wrongdoing, even if they seem slight.
A knowledgeable student defense lawyer can assist with investigations and advocacy to minimize negative consequences and protect future opportunities. Social media can be used to strengthen your defense, or it can completely undermine it. Working closely with your attorney can prevent the latter.
For a confidential consultation to discuss the assistance our team could provide in your situation, call Nesenoff & Miltenberg at 212-736-4500 or contact us online today.