Overview of College Organization Defense

Colleges and universities impose strict codes of conduct for their organizations. These organizations must strictly comply with these policies, or they risk losing the right to operate on the college campus. These organizations may include:

• Fraternities
• Sororities
• Athletic teams
• Marching bands
• Clubs

Under the relevant policies, college organizations can face strict penalties if they are suspected of violating the code of conduct. If an organization hosts an event and authorities cannot identify an individual responsible for the alleged misconduct, the organization’s officers can be held responsible.

If you are an officer or a member of an organization facing allegations of campus misconduct, reach out to our legal team immediately to discuss your case confidentially with an experienced college violations defense attorney.

The consequences of being found responsible for organizational misconduct are extremely serious. The continued existence of the college organization is often at stake when it is accused of official misconduct or if individual members are accused of violating college rules.

While each school sets out different penalties for violations of its codes of conduct, some of the potential consequences of being found responsible for organizational misconduct include the following:

• Disbanding the organization
• Loss of funding for the organization
• Being banned from campus
• Probation, suspension, or expulsion of accused members or officers
• Criminal charges against members
• Loss of housing facilities
• Civil lawsuits and liability
• Formal reprimand in permanent student records

Even if only a few members participated in the violation, the organization’s officers or the organization itself may be held accountable and face severe penalties due to the actions of others.

If the school is charging you or your organization with violations, it is important that you understand your legal rights and take prompt action to protect them. An experienced college organization defense attorney can protect the organization and its members.

When an organization is under a university community standards investigation, this can impose personal implications on the organization’s members. Some violations can expose individual members to criminal charges, personal liability, and personal sanctions.

Misconduct findings can also become part of a student’s educational record, especially if sanctions were imposed, which are included on the student’s college transcript. You could have a disciplinary file that contains an adverse finding against you, which other schools or employers could gain access to if you sign a Family Educational Rights and Privacy Act consent to disclose form.  Some states’ educational records laws allow schools to disclose the final results of a disciplinary proceeding.

You might consider hiring your own lawyer if there is a conflict of interest between you and other members or the organization itself. Signs you need your own attorney include:

• Your and other members’ stories don’t align.
• The blame lies with a single person or a few individuals.
• You feel pressured by your organization.

Whether you are an organization leader or an individual member of a college organization under investigation, you should not delay in seeking legal advice before you take any other action.

College organizations can be accused of violating various rules under a school’s code of conduct, but the most common allegations that we have seen in our practice include the following:

• Hazing
• Harassment
• Sexual assault
• Sexual misconduct
• Date rape
• Underage alcohol consumption
• Drug use or dealing
• Cheating
• Assault and battery
• Destruction of property

Our college organization defense lawyers have the skills and experience necessary to handle the most complex cases. We have handled these types of cases before with successful outcomes and are prepared to represent you or your organization with the same zealousness. Contact us today to arrange an initial intake appointment.

If your organization or its members are accused of violating its charter or your school’s code of conduct, you need a campus misconduct lawyer. Facing these charges can be overwhelming, and many students and organization leaders minimize the seriousness of these types of cases.

The stakes are high, and the administration is not on your side. The administration often uses these types of cases to “set an example” for other organizations and deter similar conduct in the future. Furthermore, the school may be under the legal obligation to investigate reports of misconduct, such as under the federal Title IX law, as it can lose its own federal funding if it fails to respond promptly and appropriately.

By working with an experienced attorney, you gain critical access to the following:

• Legal knowledge: College defense lawyers have an in-depth understanding of academic policies and legal regulations. They can explain your legal rights and options to resolve a controversy.
• Legal guidance: An attorney can explain the allegations against you or your organization, identify possible consequences, and guide you toward making informed decisions that protect your long-term objectives.
• Evidence evaluation: Not all schools operate fairly under these circumstances. Investigations are often one-sided and only focused on showing wrongdoing, not in absolving or vindicating you. A lawyer can conduct a thorough and independent investigation, review evidence, interview witnesses, ensure proper collection of evidence, and address any flaws or inconsistencies in evidence gathering.
• Communication: A lawyer can handle communications on your behalf with administrators, other organization members, and the media. This careful handling safeguards your rights and interests.
• Defense strategy: An experienced attorney can craft a strong defense strategy in your case, personalized to the specific circumstances involved. In some cases, this can lead to exoneration or reduced penalties.
• Appeals assistance: If you or your organization is found responsible for violating a code of conduct, a lawyer can evaluate if you have options for appealing an adverse ruling or mitigating penalties.
• Support: A lawyer can provide support throughout the process, assisting you in navigating the complex legal and academic landscape.

Ultimately, a college misconduct defense lawyer can serve as a crucial ally during this critical time in your life, protecting your academic, personal, and professional future.

Successfully navigating a university conduct process for a college organization requires experience and strategy. Your legal team must be able to uphold the rights of the organization and the students impacted while facing serious accusations, while using the conduct process as an opportunity to address future best practices. At KJK Student & Athlete Defense, we do both.

We represent student organizations, organization leaders, and members against misconduct allegations when the president, executive board, or other student leader hires us. We regularly work with fraternities and Greek organizations, as well as other student groups, in cases involving allegations of hazing, assault, or drug offenses. We also protect them when accused of discriminatory policies regarding membership.

Dayna Hloska is a Title IX advocate at Kohrman Jackson & Krantz. She has extensive experience working with Greek organizations and other college associations to draft policies and practices that create more welcoming and safe environments for students. When someone is accused of wrongdoing, we can help protect that student’s interests, but we can also use the situation as an opportunity to create a real plan for culture change within the organization, if necessary. This can help your organization avoid problems in the future.

Additionally, our law firm can help with any related cases that stem from alleged campus misconduct, including resulting criminal charges, civil allegations, or attacks on your organization’s reputation.

When you hire KJK Student & Athlete Defense, we focus on protecting the rights of your organization and its members, striving to eradicate or reduce the punishment you face. We also push for an early dismissal of charges, if at all possible. Our process involves the following crucial steps:

Investigation

Our legal team investigates the circumstances surrounding allegations of hazing, assault, or other misconduct. We attend all interviews with you and help you prepare for them so you know what to expect and what to say and do. We can look for witnesses who can testify on your behalf and gather evidence to support your version of events.

Policy Research

We scrutinize your institution’s policies on student groups and verify if the accusations are explicitly against the school’s written policy. We can also request records from your school to compare how it has treated other organizations in similar situations and if your organization’s treatment is consistent with that of others.  

Hearings

If a disciplinary hearing is held in your case, we help you prepare for it. This helps you know what to expect beforehand. We also consult with you on how what you say may impact related cases.

Appeals

We can analyze if any adverse decision is the result of procedural errors or other issues that provide grounds for appeal.

Throughout every stage of the process, we keep our clients informed and up-to-date on the progress of their case. It is our goal to limit your organization’s exposure and to protect you from the harshest consequences.