Parents of Students Accused of Violating Conduct Codes, Title IX, Academic Dishonesty, or Plagiarism

WHEN A PARENT LEARNS THAT THEIR CHILD HAS BEEN ACCUSED OF VIOLATING A COLLEGE OR UNIVERSITY STUDENT CONDUCT CODE, ACADEMIC DISHONESTY, OR PLAGIARISM:

TAKE ACTION NOW!

• Get started by calling a university discipline attorney.  Most will provide a potential new client a free consultation by phone.
• Students do not have a lot of time.  They will need to schedule a student conduct hearing and begin making some very important decisions about how they will defend the charges against them.
• Punishments for even minor offenses can be significant, especially if there are similar prior violations.
• Parents should direct their child to cease all communications about their case with anyone other than the parent and their attorney.
• If the student has already been found responsible, the student still has options, but they are more limited.  That being said, every year some students successfully appeal guilty determinations and even overturn convictions through post-appeal measures. 

CONSEQUENCES OF VIOLATING A UNIVERSITY OR COLLEGE'S STUDENT CONDUCT CODE, ACADEMIC DISHONESTY, OR PLAGIARISM.

If a student is found “responsible” or “guilty,” the determination could:

• Become a part of the student's permanent academic record accessible to future graduate schools and potential employers
• Bar or reduce chances of admission to graduate schools
• Bar or reduce chances of licensing by professional organizations such as state bars and medical boards
• Bar or reduce chances of employment by government and private employers
• Cause the student to lose financial aid
• Cause the student to lose athletic and/or academic scholarships
• Result in a student’s eviction from university housing or university affiliated housing

COMMON MISCONCEPTIONS PARENTS HAVE ABOUT UNIVERSITY DISCIPLINE PROCESSES AND PROCEDURES:

The System:

• This is not the criminal justice system; this is an administrative disciplinary system.  The rules are not the same.
• The standard of proof is "not guilty beyond a reasonable doubt;" the university need only determine that it is "more likely than not" that the student is responsible.
• There is no judge or jury; the trier of fact could be a panel made up of students, faculty, and/or administrators, or even a single university administrator, or Title IX coordinator or investigator that is an employee of the university or college.
• Although most universities now permit a student to be represented by an attorney, not all do.  Even then, the universities that permit attorneys often severely limit their role (see below for what an attorney can do to assist students despite these restrictions)
• There are no rules of evidence.  All evidence is generally admissible, including hearsay, evidence obtained illegally, and prior bad acts.  It is left to the trier of fact to determine what weight to give the evidence.
• In the past, students at private universities were generally not entitled to any due process beyond what that which was provided by the university’s own conduct codes, unless manifestly unreasonable.  However, recent court decisions shifted away from giving universities such vast discretion.  Students at public universities are afforded slightly greater constitutional protections.
• Students are not immune from prosecution because the violation occurred off campus.

The Gravity of the Situation:

• As discussed above, the consequences of being found responsible, even for some minor offenses, can have a significant impact on the student's future.
• University administrators responsible for adjudicating student conduct code violations may themselves not grasp the severity of the situation.  They also have a tendency to downplay the serious nature of the some discipline proceedings.

The Power of the Parent:

• A common reaction of parents when first learning of their child’s charges is to fix the problem themselves.  They may think that if they can just contact the university or speak at their child's student conduct hearing,; or even that if their child just calls the victim and takes responsibility for their actions and apologizes, the university will drop the matter.
• Unfortunately, a parent's involvement often causes more harm than good.  If not properly counseled and prepared, contact with the university by parents can result in soured impressions of the student.  Further, it is almost never a good idea to contact the victim, let alone to contact the victim and admit responsibility.
• Another common reaction for parents is to take a “wait and sue” approach – "if they find my child responsible I will just have my attorney sue the school."  Though not impossible, these cases are long and expensive.  Civil litigation should be the very last resort after all other options have failed.

BENEFITS OF RETAINING A UNIVERSITY DISCIPLINE ATTORNEY:

• Inform parents and students whether the alleged violation is serious and, if so, how serious and what sanctions they face.
• Help determine whether retaining an attorney is necessary or beneficial.
• Explain the discipline processes for the respective college or university and what to expect
• Develop and implement a defense strategy through investigation, preparing talking points, an opening statement, a closing statement, and even presentations when necessary.  They can also work with witnesses to prepare them. 
• Determine whether the student should defend the charges or attempt to mitigate and obtain sanctions that are restorative in nature or less severe (i.e. suspensions to be served over the summer).
• Attend hearings on the student's behalf.  Although (as mentioned above) the role of attorneys is often relegated to a supportive role at hearings, an experienced university discipline attorney knows how to best navigate any such limitations.  Regardless, the real work is done preparing the student and the student’s defense prior to the hearing.
• Prepare appeals for students who have already been found responsible and, in some circumstances, assist students with post-appeals tactics.
• If a student already has a criminal defense attorney because they are facing criminal prosecution for the same offense, it may still be a good idea to also retain a university discipline attorney.  There are vast differences between university judicial systems and criminal courts.  Guiding students through university discipline systems is best left to attorneys with experience doing so. Given how Given the limited amount of time students are given to prepare their defense, students can’t afford any mistakes or lost time.  This is a real concern when a criminal defense attorney has to play catch-up during this critical period of time because they lack the institutional knowledge an experienced university discipline attorney possesses. 
• If the student's university has administrative advocates or student advocates, they can be a great starting point to get information about the university’s discipline process and what to expect.  That being said, a student should not disclose the specific facts of their case or make any incriminating statements to them.  Remember that they don't have the same ethical obligations as an attorney, such as to zealously advocate on the student's behalf and keep all matters confidential, no matter the offense.  As a practical matter, an attorney will generally be more vested in the outcome of the student's case and has more available time, resources and experience to investigate the case, prepare a defense, and formulate vital talking points.

 PARENTS SHOULD CONSIDER:

• At the very least, for serious violations, the student and their parent(s) should find someone familiar with the university's student discipline or academic dishonesty processes, the questions the student can expect to receive, likely outcomes, and strategies that can work and those that never have.
• Students and parents are often surprised when they learn of the potential repercussions facing the student.  A number of factors will dictate severity including such things as the type of violation, previous violations, the student's demeanor, public interest, the student's ties to the community, and the student's interactions with university administrators and those adjudicating the student's guilt.  A knowledgeable university discipline attorney is well suited to prepare a student to address those factors that the student has the ability to control.