Students at public colleges and universities who face the possibility of a severe punishment such as expulsion or suspension are entitled to certain legal protections before disciplinary action is taken. These rights are required by the Due Process Clause of the Fourteenth Amendment, which says that the government (or government actors, such as public schools) can’t deprive someone of “life, liberty, or property” without “due process of law.”
This means that campus disciplinary processes at public schools must be managed in a consistent way without variations between cases. The proceedings must also include procedural safeguards for accused students that correspond with the severity of the possible punishment.
In cases involving disciplinary suspensions or expulsions, students are entitled to a formal disciplinary hearing. You also have the following due process rights in these situations:
- The right to receive notice of what you are being charged with doing
- The right to a description of the evidence the school has against you
- The right to present your side of the story to an unbiased decision-maker
In some situations, you may be entitled to additional rights, such as the right to review the school’s records before the hearing or to be represented by an attorney.
How do you prepare for a disciplinary hearing in college?
The key to defending yourself in a disciplinary hearing in college is preparation. Here are a few steps you can take beforehand to make sure you are prepared for your hearing.
Review the Rules
Once you know of a potential allegation against you, the first thing you should do is thoroughly review your institution’s rules, policies, and procedures. Generally, these rules will be found in your college’s student handbook or code of conduct. Not only should you study the rule you are accused of breaking, but you should also familiarize yourself with the disciplinary process. This will give you a good idea of what lies on the road ahead and inform you of the protections you will receive.
Develop a Defense
After you have learned the applicable rules, you can start preparing your defense. It is vital that you begin this process as soon as you can, as many universities don’t offer much time to prepare for the hearing. You’ll need to decide on a strategy for defending yourself against the charges and start collecting evidence that supports these arguments.
Investigate
You’ll need to conduct a thorough investigation of the situation surrounding your alleged misconduct in order to thoroughly defend yourself. This includes locating, gathering, and saving any relevant documentation or physical evidence. It also involves identifying potential witnesses that you can call to support your side of the story.
You might also need to interview the witnesses that the school plans to call in their case against you. In these situations, it’s a good idea to have a lawyer or private investigator conduct the interviews to avoid potential claims of witness tampering.
When should I contact an education lawyer?
If you’re facing potential disciplinary action at college, you may or may not be entitled to have an attorney represent you at the hearing. Either way, you should contact an education lawyer as soon as you learn of potential allegations against you. Even if your lawyer can’t be with you at the hearing, their experience will be invaluable in investigating and preparing for your hearing.
Additionally, if the misconduct you are charged with is also a criminal offense, you should also consult with a criminal defense attorney. Your education lawyer can advise you on whether you need a criminal lawyer and coordinate with trusted colleagues to form a comprehensive legal team.
Read More
Can You Sue a School District?
How Do I Sue a School for Discrimination?
Can I Sue a School for Negligence?
Can You Sue a School for Emotional Distress?
How Do I Sue an Educational Institution?
About EducationAttorney.com & RMO Lawyers
RMO LLP serves clients in San Diego, Los Angeles, Santa Monica, Orange County, and communities throughout California. Our founder, Scott E. Rahn has been named “Top 100 – Trust and Estate Litigation” by SuperLawyers, Trusts and Estates Litigator of the Year, and Best Lawyers in America for Litigation – Trusts and Estates.