How is a college code of conduct case started?

A university initiates an investigation following a complaint. A complaint can be made anonymously, or by an identified student, faculty or staff member, RA, law enforcement agency, or even a parent. Typically, once a complaint is made, the conduct office will reach out to the involved student via email to advise an investigation has begun into certain conduct that if true, may violate particular sections of the code. The complained upon conduct is usually very generally described, but should include the date and general description of the incident. The accused student will be asked to meet with a conduct investigator to “talk about the process” or “explain what happened.” The notice letter described herein is the start of a conduct process. When a student receives this correspondence, before participating in an interview or meeting, it is the ideal time to contact an advisor/attorney experienced in conduct case defense.

Can my college discipline me for off-campus behavior?

Yes! Most university conduct codes or college student handbooks include specific jurisdictional statements that are fairly broad and cast a wide net over student behavior. For example, The Ohio State University’s jurisdiction can be found here: https://trustees.osu.edu/code-student-conduct/3335-23-02. As you can see, any activity that would constitute a criminal offense off-campus is actionable by Ohio State, or that is done with a significant nexus to the university community (aka, if it involves another student at the university). Examples of off-campus behavior cases that we have handled include activities on Spring Break trips, within fraternity houses, possessing fake IDs in off-campus bars, sexual activity occurring in off-campus housing, etc.

What are my rights as aN ACCUSED college student?

Each university provides a unique process to investigate and adjudicate college conduct hearings, and with that, different rights are afforded to accused college students. Generally speaking, public institutions usually provide more rights to accused students than private universities. Examples of rights for accused students include the right to have an advisor accompany you to interviews and hearings. Some colleges allow privately hired attorneys to serve as advisors, while some universities (many of the private schools) do not allow advisors who are attorneys or who are not “within the campus community” meaning a faculty member, staff member, or another student. Other rights that are important for accused students to exercise (if provided to you) include the right to review evidence, the right to provide witnesses, the right to choose a hearing process or hearing body, and the right to appeal on certain grounds.

How can an attorney help college students?

An attorney can serve as an “advisor” in the college disciplinary context. As advisors, we can serve an important role in first understanding your rights as a student, evaluate your goals in navigating the process, explain how various scenarios would affect a student, describe common practices of the university in instituting discipline for more common scenarios, and setting expectations in what a university can and cannot do in the process. An experienced and involved advisor will work with the student to develop a strategy in defense or mitigation of an accusation, navigate cooperation with the school in conjunction with protecting your rights if law enforcement or a criminal case is involved, and presenting the best defense or mitigation possible, or negotiating with the school for a fair outcome.

what can I do to prepare for my university conduct case?

Preparing for a college code of conduct investigation or hearing involves either developing a prepared defense or planning mitigation for damage control if the evidence against you is insurmountable. The best way to do this is to retain the services of an attorney-advisor that is experienced in your type of case, as well as at your particular college, early in the process. Navigating a college code of conduct accusation is unique and has trickle down effects on your career, tuition, finances, living arrangements, reputation, and ability to continue your education.

what can my college do to me if I am responsible for a code of conduct violation?

Most college codes of conduct list a large variety of possible sanctions with no real guidance or examples of what is likely to occur in any given situation. Some universities have started providing an outline for expected sanctions in various cases, such as a first offense drinking violation. Occasionally, an attorney-advisor may ask a university investigator what the likely scenario is based on if a student accepts responsibility or proceeds to a hearing, and be able to argue for specific sanctions if appropriate. This is why it is important to speak with an attorney | advisor that is experienced at your particular university; such attorney should be able to tell you what to likely expect based on prior case scenarios so that you are well-informed of the potential risks associated with defense or mitigation of an accusation.

Accommodations in college: How Can I get them?

Colleges and universities have no duty to identify or find students with disabilities, which is the opposite of the obligations of k-12 schools. It is the responsibility of the student to notify their college of a diagnosed disability, and request academic accommodations. Without notice and request, a university has no obligation to provide academic accommodations to students with disabilities.

ACCOMMODATIONS IN COLLEGE: What help can I get?

Each college and university have different disability services offices, with varying degree of assistance. Common accommodations consist of extended time for tests or assignments, early or priority registration for courses, early access of class materials, note taking or note sharing, caption services, etc.