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Defense of University and College Disciplinary Proceedings: Leonard Trial Lawyers discuss key considerations

by | Jan 27, 2025 | Firm News

We are often called upon to represent students, at all educational levels, in disciplinary actions. These matters typically arise out of disciplinary matters brought by Colleges and Universities. However, they also include students in Graduate programs, or otherwise specialized areas of education.

When we are retained to represent the individual from the outset – as opposed to after the College or University has already taken action against the student – there are several steps that are important to undertake. First, it is important to gather all of the facts from the student. This fact gathering is not limited to only the facts and circumstances of the occurrences that are the immediate subject of the disciplinary matter. Rather, it is important to understand the student’s entire history at the College or University, as well as his or her background even prior to enrollment. These facts can be extremely important in terms of providing: 1) a defense to the charges faced; 2) context to the charges faced; 3) as well as important mitigation to the possible disciplinary consequences.

In addition, it is important to ascertain, early on, whether the conduct that is the subject of the student disciplinary proceeding may also possibly present criminal consequences. For example, allegations of sexual misconduct may lead to a criminal investigation and/or criminal charges by local or State law enforcement. Accordingly, it is important that any statements, whether written or oral, provided by the student in the context of the disciplinary proceedings at issue, are consistent with possible defenses to such charges and do not, in and of themselves, provide a basis for charging the student criminally.

Another consideration for such proceedings is the role of the assigned investigator. Oftentimes, they do not have the experience, training, resources, or expertise to conduct a completely thorough and objective investigation. Therefore, it may be important to engage in investigatory legwork and, where it supports the student’s position, provide it to the investigator. Alternatively, it may be important to simply provide relevant contact information to the investigator, including witnesses, who are known to support the student’s position/defense in the proceedings, and/or who can provide mitigation or character evidence on behalf of the student.

An additional consideration if the student’s written submission to the College or University. Often the investigation institution requires the student to initially, or later in the proceedings, to provide a written response to the allegations or charges. This is an extremely important document. It is entirely appropriate, and is best practice, for the attorney to assist the student in drafting any such statement, and to attempt to make it a persuasive piece on behalf of the student.

Moreover, in virtually every such case, the College or University has policies and procedures in place that are supposed to govern the proceedings. These policies and procedures are sometimes not followed, in whole or part. Such failures to follow the applicable policies and procedures may provide one of the bases to attack the disciplinary action recommended, or actually taken, including by way of the applicable Appeal procedure. Such failures may also support a claim on behalf of the student for denial of Due Process.

In sum, there are numerous other considerations that play an important role in any College or University disciplinary matter. Students are often best served by hiring, or at least consulting with, counsel in connection with any such proceeding. The potential consequences of such proceedings, ranging from a disciplinary warning, to probation, to dismissal or expulsion often merit the involvement and retention of counsel. In fact, the outcome of such proceedings may have a long-lasting impact on the student, including with respect to, among other things, transferring to another school, applying for graduate or other schools, and in the student’s short-term and long-term job prospects.

We at Leonard Trial Lawyers have a wealth of experience in representing students in these proceedings, and are always eager to provide a thoughtful and vigorous defense.

Michael Leonard

 Matthew Chivari

Leonard Trial Lawyers

 January 27, 2025