Why It’s a Good Idea to Work with a Lawyer for All Campus Disciplinary Proceedings
| | Title IX, Title IX: Procedure
In an era where virtually anything we do can be recorded on someone’s phone, posted online, and remain accessible forever, there’s no such thing as an “old” problem. Nothing is forgotten. Poor decisions from the past can be revisited by new audiences time and again.
When you understand that risk, it’s easier to see why it’s so important to defend your reputation if you’ve been accused of wrongdoing in any setting. You never know when allegations could come back to haunt you, so it’s wise to refute them decisively right from the start. That includes allegations made on the campus of a college, university, or any school.
If you don’t take the right steps to defend yourself early on, you could be viewed as “guilty” of misconduct indefinitely. That label, which may be enshrined in your academic records, can prevent you from living the life you want. It can impact how others perceive you, and even how you perceive yourself.
So, how do you engage in an effective defense strategy when you’re accused of violating rules on campus? The answer is different in every situation. Each institution has its own rules and procedures for enforcement and adjudication. An experienced student defense attorney can provide essential help when you’re facing campus disciplinary proceedings, and here are a few of the reasons why.
Attorneys Understand How to Interpret Rules with Legal Precision
Although a student may feel as though they are facing disciplinary action because they did something the school wants to discourage or that they just generally behaved in a way that school administrators disapprove of, dislike is not grounds for disciplinary action. Administrators must accuse a student of violating a particular rule in the school’s code of conduct or other body of rules. In addition:
- The school’s rules must meet the requirements of federal, state, and local law
- The school must have applied those rules correctly
- Procedures for enforcing the rules must meet federal, state, and local requirements
- The school must be able to show that it followed those procedures
Attorneys who focus on student defense are familiar with the numerous areas where schools are likely to make mistakes in investigating or adjudicating allegations of misconduct. Once we find the mistakes, we know how to exploit those errors to the student’s advantage. With prompt legal action, an attorney can assist the student during the investigation process or disciplinary hearing. If a student begins working with an attorney after an initial finding of fault, the attorney can pursue administrative appeals or a lawsuit to argue why the student was denied due process or on other grounds for overturning the school’s decision.
Student Defense Attorneys Know How to Make the Most of Opportunities in Campus Proceedings
Campus disciplinary matters may seem similar to criminal legal cases at first glance, but there are numerous differences. One of the most critical differences is the pace of proceedings. They are often much quicker than criminal cases. While a criminal matter may be pending for years, a disciplinary proceeding on campus may conclude within weeks. Federal rules regarding enforcement of Title IX rights, for instance, require schools to conclude investigations in a reasonably prompt timeframe, and that can encourage school administrators to speed through a case.
The procedures involved and due process protections available are not necessarily standard, although schools are required to follow certain requirements. Evidence against the student accused of wrongdoing does not need to be proven “beyond a reasonable doubt.” Instead, the standard is set by the school either as a “preponderance of the evidence” or “clear and convincing evidence.”
Overall, defending against accusations on campus can be considerably more challenging than defending against criminal charges in court. However, experienced student defense attorneys know where to focus their efforts to introduce evidence and arguments that can either turn the tide of a campus proceeding or lay the groundwork for a successful appeal.
Attorneys Know How to Locate and Use Evidence Effectively
Gathering, interpreting, preserving, and presenting evidence is what trial attorneys do on a daily basis. We know how to obtain information through official channels and how to prevent critical evidence from being buried or destroyed. We also know who to talk to, the right questions to ask, and when to follow up.
Attorneys are trained in making causal connections to string evidence together with arguments that can be tough to deny. We ensure that a student’s side of the story is heard in full. While we can’t force administrators to give the evidence and story the consideration they deserve initially, we know how to set the table for an appeal if necessary.
Attorneys Force School Administrators to Pay Attention
Schools do not like bad press. And when a student files a successful lawsuit against a school demonstrating that the school violated the student’s rights, it can send the school’s recruiting efforts into a tailspin. Perhaps for that reason, when schools know that a student is represented by an experienced education defense attorney, they tend to give the student’s case and arguments more attention in the early stages.
Far too often, schools end up trampling students’ rights in an effort to look like they’re taking the “right” stand on political or social issues. When a student is represented by an experienced attorney, however, that legal advocate can call attention to the rights violation and ensure the student receives fair treatment.
Lawyers Can Help Students Advocate Successfully for Themselves
Sometimes attorneys speak on behalf of their clients. But an advocacy skill that often goes overlooked is the ability to teach clients how to advocate effectively for themselves. A dedicated student defense attorney will work with the student to ensure they are prepared to speak thoughtfully and persuasively on their own behalf during the investigation, in adjudications, and beyond. The assistance of an experienced legal advisor can help students develop critical thinking and advocacy skills that serve them both in the long term and the short term.
Find Out How a Knowledgeable Attorney Could Help Protect Your Student’s Future
Many people think that the outcome of a school disciplinary matter will soon be forgotten. However, negative marks on a student’s record can prevent them from advancing in their education and deter future employers. Negative outcomes from campus disciplinary proceedings can have far-reaching social consequences as well. Investment in a solid and effective defense now can prevent challenges and heartache later.
If you or a student in your family has been accused of wrongdoing at school and faces the potential for disciplinary action, we invite you to schedule a confidential consultation with the student defense lawyers at Nesenoff & Miltenberg to learn how we may be able to assist. We work with students all over the country. To get started, just call us at 212-736-4500 or contact us online now.