FAQ

During a disciplinary hearing, almost always conducted virtually via Zoom, the student accused of misconduct will have the opportunity to present their side of the story and respond to any evidence or testimony presented against them. The hearing may be conducted by a hearing officer, a panel of faculty and staff, a college attorney or officer, or a combination of these. The purpose of the hearing is to determine whether the student is responsible for the alleged misconduct and to impose sanctions if necessary, such as expulsion.

The consequences of student misconduct may vary depending on the severity of the offense, but some of the most common consequences include:

• Fines and restitution
• Removal from student housing
• Suspension
• Expulsion
• The loss of scholarships and grants
• The loss of financial aid
• Removal from sports teams
• Removal from school organizations
• Class registration holds
• Criminal chares may be filed

But you have rights! Due process allows for college students and faculty to have a disciplinary hearing and have an attorney / advisor in their corner.

Student misconduct refers to any behavior that violates the university’s code of conduct, which may include actions that endanger the safety of others, cause harm to property, or infringe upon the rights of other students, faculty, or staff. Examples of campus misconduct include academic dishonesty (cheating, plagiarism etc), sexual assault (Title IX), hazing, drug or alcohol use, fighting (assault or battery), and domestic violence.

They have due process! Students have the right to be informed of the allegations against them, to have a fair and impartial hearing, to present evidence and testimony, and to be accompanied by an advisor of their choice. In addition, students have the right to appeal a disciplinary decision if they believe their rights were violated or the decision was unjust.

Unfortunately, yes, but you do have legal recourse and the right to appeal. Most schools know that students are allowed due process and a right to an investigation and disciplinary hearing under the law, but it’s critical to get a student discipline defense lawyer involved before the investigation or disciplinary hearing occurs. If you’ve already been expelled or suspended, we can appeal the decision on your behalf.

Title IX is a federal law that prohibits discrimination on the basis of sex in education programs and activities that receive federal funding. Sexual assault and harassment are considered forms of sex discrimination, so if a student or faculty member is accused of a Title IX sexual misconduct violation on campus, it’s critical to have a Title IX defense lawyer / advisor in their corner as early as possible.

Yes. 99% of student misconduct hearings are handled remotely via Zoom / video conference, and communication between all parties involved is typically handled via email and on the phone. Any negotiation with the school’s attorneys or officers are handled over the phone and via email as well. We represent students accused of Title IX violations at thousands of colleges and universities nationwide, and we do this every single day.

The university will typically start by conducting an investigation into allegations of misconduct, which may include interviews with the parties involved, review of evidence, and consultation with relevant university policies and procedures. The investigation is intended to determine whether the student has violated the code of conduct and gather relevant information for an upcoming disciplinary hearing.

Academic misconduct includes any behavior that undermines the integrity of the academic process, such as cheating, plagiarism, impersonation, falsification of research data, and buying tests. Every college & university has their own code of conduct, but if a student is accused of academic misconduct on campus, they have legal recourse to defend themselves during an investigation and school disciplinary hearing.

The investigation process can vary in length depending on the complexity of the case and the availability of witnesses and evidence. In general, investigations may take several weeks to several months to complete. Under Title IX, for example, the investigation cannot take longer than 2 months (60 calendar days).

Absolutely not. College and University representatives, coordinators and members of the administration have the school’s interest in mind, not yours. Do not say anything to anyone without legal representation, as one wrong slip of the tongue can incriminate yourself and subject yourself to even greater liability, before you even have a chance to a proper defense at the campus disciplinary hearing.

Usually yes, they can, but it depends on your university’s code of. Often times schools will get involved is it’s an activity that creates or could “reasonably create a hostile environment on campus”, and/or any activity in which a police report has been filed or an arrest has occurred. Your university’s code of conduct should be available online, but it’s important to have a student discipline defense lawyer on your side.

No. The university is out to protect the university, and you need to worry about protecting yourself, the right way.

This is 100% false. Thanks to the Trump administration’s reversal on Title IX policies with regards to due process, this couldn’t be further from the truth. You are absolutely entitled to due process and that includes having a student defense lawyer / advisor representing you every step of the way.

False. Do. Not. Wait. Contact us immediately.

It may feel like the right thing to do, but contacting the accuser can only hurt your case and make things work.

There are major differences between university discipline systems and the criminal justice system. Guiding students through the university’s discipline system is usually better handled by a student defense attorney with experience doing so. Thomas Matthews has experience as a college student discipline defense lawyer AND a criminal defense lawyer, for almost 30 years.

The answer is no! If you want the best possible chance at success, hiring a student discipline defense lawyer is your best bet.

Incorrect. This is not the criminal justice system and this is not the correct standard of proof. The university only needs to determine by a preponderance of the evidence that you are responsible. (More likely than not) This is a much lower burden to meet than “guilty beyond a reasonable doubt.”

No! Do not respond to the charges without consulting a student defense lawyer, if you or your parents try to handle the accusation yourselves, it may backfire very quickly and easily and one wrong word can and will be used against you and make things worse.

They can, but it depends on the circumstances and the nature of the post and its content. College students are obligated to abide by their university’s code of conduct, but there is a lot of nuance and grey area when it comes to social media posts, and often times the allegations and charges are unwarranted and don’t hold up.

Hazing refers to any activity that is required of a student as a condition of joining or maintaining membership in a group – usually a fraternity or sorority – that intentionally or recklessly endangers the mental or physical health or safety of a student. Hazing is prohibited on college campuses because it can cause harm to individuals and disrupt the educational mission of the university. It’s also illegal in 44 states, so if you’ve been accused of hazing on campus, don’t wait, contact us immediately to being building your defense.

Allegations of domestic violence on a college campus are taken very seriously and are typically investigated by the university’s Title IX office or a similar office that handles reports of domestic violence and/or sexual misconduct. In most cases, the accused will be subject to an investigation and disciplinary hearing where they have a right to defend themselves and have a defense advisor / attorney representing them.

Plagiarism occurs when a student uses words, ideas, or work of another and presents it as their own. These acts include:

• Using direct quotes without proper reference (word-for-word copying)
• Paraphrasing a quote (rewriting another person’s work, yet still using their fundamental idea or theory)
• Summarizing ideas
• Fabricating references
• Forgery of research or data
• Misrepresentation of research or data
• Using another person’s complete work

It depends on your university’s code of conduct, but school’s often take the “guilty until proven innocent” approach if they believe you re-used your own work for another project, even though you are legally entitled to due process and a right to defend yourself.

Yes. Which is another reason why it’s so critical to have an experienced attorney advisor in your corner to navigate these waters and do everything possible to try to ensure a favorable outcome for you.

Some common alcohol crimes that are common college campuses can include:

• Underage Drinking: It is illegal for any person under the age of 21 to consume alcohol. Doing so can result in arrest and charges.

• DUI: For students who have their cars on campus, they may be charged with a DUI if they drive while consuming alcohol. For students under the age of 21, DUI charges can be incredibly serious matters.

• Underage Possession Of Alcohol: It is against the law for a person under the age of 21 to be in possession of alcohol. This is especially the case on a college campus, where many individuals may have large cases of beer, kegs, or bottles of alcohol.

• Purchasing Alcohol For A Minor: Students over the age of 21 who purchase alcohol for a minor can be charged with a crime, and may also face repercussions from their university, as well.

Yes! Hazing is illegal in 44 states, and in 13 states it is a potential felony offense. If a member of a student organization such as a fraternity or sorority is found guilty of hazing that put a student at serious bodily risk, then they may be imprisoned for up to 1 year and fined up to $1,000. If a member of a student organization is found guilty of hazing that harms a student, then they can be charged with a third-degree felony—which comes with up to 5 years of prison time and up to $5,000 in fines. Do not wait, get our experienced hazing defense lawyer on your side immediately.

It depends on your university’s code of conduct, but usually the following acts are classified as hazing:

• Forced consumption of any liquid or food
• Pressure to commit a crime or a degrading act
• Requiring embarrassing behavior not required of other members
• Forced sleep deprivation or confinement
• Branding, cutting, or shaving any part of the body
• Forced nudity or partial nudity
• Simulation or commitment of a sexual act

The Title IX investigator will want to speak with you and the accuser, as well as anyone that might be a potential witness. They may obtain and study police records, social media posts, text messages, e-mails, campus security reports and videos. After the investigation, a school disciplinary hearing is usually the next step. Under federal law, the accused has a right to a defense advisor to represent them during the investigation and/or at their Title IX disciplinary hearing.

It depends, it can take take several months, but it’s possible for it to drag on for a year or more depending on your school and the facts of your complaint. A Title IX investigation should be completed within 2 months (60 calendar days). If not, you may be able to challenge the university’s handling of the Title IX investigation as untimely. Your college or university should provide an estimated timeline in its Title IX policy or grievance procedures, which should be publicly available online. Having a winning Title IX defense lawyer in your corner can certainly expedite the process, and possibly get the charges dismissed before your disciplinary hearing.

• The right to be notified promptly of any accusations of an alleged Title IX violation.
• The right to receive written notice of the allegations with sufficient detail of the conduct constituting a Title IX violation and allow the accused sufficient time before being required to provide any response.
• The right to a prompt, equitable and impartial investigation.
• The right to privacy and confidentiality as allowed by law. Including any advance notice of the release of information to the public.
• The right to present witnesses and evidence in your defense. Evidence may include any relevant evidence, including photos, video, text messages, social media posts and other electronic evidence.
• The right to equal access to all information / evidence obtained by the investigator, including copies of the complaint documents; statement of all parties and witnesses; and copies of all documents reviewed by the investigator, with at least 10 days to review and respond.
• Copies of all investigative reports which fairly summarize the evidence and allow at least 10 days to provide a written response.
• The right to a live hearing before a neutral panel, which includes cross-examination of any and all parties and witnesses by your advisor.
• The right to appeal any findings or sanctions issued against you.

Yes, the Title IX process works independently of the criminal justice system. Sometimes your university’s Title IX office may cooperate with local law enforcement authorities and vice versa. Either case may go forward even if the other one does not. Your school’s Title IX investigation and/or Title IX hearing will determine whether or not you violated your school’s code of conduct. That’s why it makes so much sense to hire a Title IX defense advisor who can put together a unified defense strategy to protect your degree and your future.

Title IX requires colleges and universities to apply the “preponderance of the evidence” standard – was it more likely than not that sexual harassment or violence occurred? The preponderance of the evidence standard is a low standard of proof, so compared to the criminal justice system, it’s technically easier for you to be found responsible. In contrast, criminal cases require that the defendant is found guilty “beyond a reasonable doubt. But a skilled Title IX defense lawyer / advisor can help you build a case to overcome this standard of proof.

As for possible defense strategies that your student misconduct lawyer can provide, they will depend, in part, on the details of each individual case. In any case, a student defense attorney can:

• Provide guidance to the respondent for every single step in the process.
• Prepare you for any hearings and interviews that the university conducts.
• Tell you exactly what to say, what not to say, what to do and what not to do.
• Make certain that the school adheres to its own procedures and code of conduct policies.
• Advocate and negotiate with the school’s own attorneys behind the scenes to seek an agreeable resolution without need for a hearing.
• Make strategic decisions to secure the best defense against campus misconduct charges.

Since a student misconduct investigation is typically not a criminal investigation but rather an internal matter at your college or university, you do not have the same protections against double jeopardy under the Fifth Amendment of the U.S. Constitution that you would have if you were found “not guilty” after a criminal trial. As such, if you are found innocent or “not responsible” after a disciplinary investigation and hearing, the complainant at your school (the person who made the allegation) may be able to appeal the finding and you could still face disciplinary consequences at your school upon appeal.

The worst that can happen is to be expelled from school, have your scholarship taken away, to face criminal charges, to pay substantial fines, and have to deal with a tarnished reputation for the rest of your life. A lot is at stake here; do NOT risk facing your university’s investigators or disciplinary hearings alone.