Campus Misconduct Attorneys
ServicesBecause every college and university creates its own student handbook and code of conduct, the rules governing student life can vary from school to school. What may be deemed misconduct at one school may not be at another. This makes campus misconduct cases highly fact-driven cases.
If you are accused of cheating, hazing, or other misconduct on campus, you need an experienced lawyer who can help explain the process ahead and protect your rights. Contact KJK Student & Athlete Defense to learn how we can help you.
Why You Need a Lawyer If You Are Accused of Campus Misconduct
While some students might not take allegations of misconduct seriously, these allegations are serious. At stake are your:
- Education: Being found responsible for violating the student code of conduct or other disciplinary policies could result in your suspension or expulsion from school, hindering your ability to receive your degree. In addition, the discipline may be noted on your transcript, thus prompting further inquiry in the future
- Career: Without a degree, you may be unable to work in your chosen professional field. All of the hard work that you have put in could go to waste.
- Financial and living situation: A finding of responsibility in some cases could affect your financial aid or cause you to have to move out of student housing.
- Reputation: Your reputation could be tarnished due to a mistake you made in college, haunting you for years to come.
In addition to the serious consequences that student misconduct cases can pose, these cases can be highly complex and even trained campus administrators might violate a student’s rights. A layperson may not be fully aware of the various legal consequences that the allegations could pose to the affected student.
For these reasons, it is essential that you select an attorney to act as your advisor in any college misconduct case.
Why You Should Select KJK Student & Athlete Defense Attorneys for Your Advisor
Now that you understand the importance of having a legal advisor, the next question is, “Who should you choose as yours?” The KJK Student & Athlete Defense team is uniquely qualified to handle your case due to the following attributes:
- Experience: Our nationwide student misconduct attorneys have successfully handled over 1,000 cases at over 200 schools across the country. We bring decades of experience to the table that we leverage to fight for the best possible outcome for our clients.
- Track record of success: We have successfully defended students in cases involving Title IX allegations, cheating accusations, or other misconduct matters. We have continuously had cases dismissed, resolved through informal resolutions, or otherwise successfully handled to our clients’ satisfaction.
- Concentration: Our practice focuses on education law, giving us an in-depth understanding of nuanced legal issues in this field. Our attorneys have been named Best Lawyer of the Year in the Education category by the Best Lawyers organization, which is a distinction that only the attorney with the highest peer review ratings in each category and region can receive. This demonstrates the high esteem that our fellow attorneys have for us.
- Holistic legal approach: In addition to addressing the immediate legal matter, we can provide legal support and guidance through related criminal or civil cases. Additionally, we offer reputation management services to safeguard your future.
Most importantly, the way that our clients describe working with us, such as saying that we are:
- Extremely knowledgeable
- Strong
- Passionate
- Determined
- Flexible
- Hard-working
- Very helpful
- Compassionate
- Creative
- Professional
- Informative
Contact us today to experience first-hand what it’s like to work with our award-winning legal team.
Common Types of Cases We Handle
At KJK Student & Athlete Defense, we are fully equipped to handle any campus misconduct case, including those involving:
- Academic misconduct: We have successfully defended students accused of cheating by improper use of artificial intelligence.
- Sexual assault allegations: We can defend students and professors accused of committing sexual assault on a college campus or in connection with a college-sponsored event.
- Title IX violations: We can also defend you against allegations of sexual harassment, including stalking, intimate partner violence, and sexual exploitation.
- Alcohol and drug violations: We can help if you are underage or accused of drinking alcohol or using illegal substances.
- Plagiarism allegations: We can provide professional assistance if a plagiarism allegation threatens your academic career.
- Residence hall and dorm violations: We can help if you are the subject of noise complaints, damage reports, unauthorized visitors, or party complaints.
- Hazing: We often defend college organizations and student groups against various misconduct allegations.
If you or your child is facing student misconduct allegations, call KJK Student & Athlete Defense today.
What to Expect from the Legal Process If Accused of Campus Misconduct
Every educational institution, including colleges and universities, follows its own policies and procedures when receiving reports of student misconduct. Therefore, the process is unique for each school. However, the general process usually involves the following steps:
- Report of the incident: Someone (another student, faculty member, or coach) reports a suspected incident of misconduct, providing basic information about the accusations.
- Initial review: School administrators conduct an initial review of the situation to determine whether there is sufficient evidence to warrant a formal disciplinary investigation.
- Notice: The accused student is informed about the allegations against them. They receive a written notice outlining the allegations and details of the incident.
- Investigation: An investigator is assigned to the case. The investigator interviews the person making the report, the alleged victim (if different from the reporting party), and the respondent. They may also interview other witnesses and gather evidence.
- Hearing: Colleges and universities offer different types of hearings, such as:
- University student conduct hearings: These hearings involve panels of students, faculty members, and administrators. A hearing chairperson leads the hearing. The ultimate decision as to responsibility for a policy violation is made.
- Administrative hearings: These hearings involve one professional staff member and the accused student. The officer acts as a decision maker.
At hearings, students have a right to defend themselves, present their side of the story, present evidence, and bring witnesses. University hearings operate differently from criminal cases because there is a lower standard of proof (often by the preponderance of the evidence vs by proof beyond a reasonable doubt), the absence of rules of evidence, and less procedural protections. Hearing panels or officers lack legal training, but may still have considerable authority as to the outcome of the case and the repercussions the accused student faces.
- Decision: After the hearing officer or panel hears all of the evidence and testimony, they review the evidence and determine whether the student is responsible or not responsible for violating the school’s policy.
- Appeal: The student may have a right to file an appeal based on limited grounds, such as bias, new evidence, or procedural issues. An appeal requests a review of the decision to change it.
- Sanctions: If the student is found responsible for violating the school’s policy, the hearing panel can issue various sanctions that range in severity. Common sanctions at the university level include:
- Warning
- Community service
- Housing exclusion
- Exclusion from areas of the campus or from official university functions
- Loss of privileges
- Probation
- Suspension
- Expulsion
- Withholding of a diploma or awarding of a degree
Once sanctions are imposed, the student must comply or face additional ramifications.
Keep in mind that this process can vary from one school to another. Some schools may have different or additional steps, so it’s important that you are familiar with your institution’s particular procedure.
How a Lawyer Can Help If You Are Accused of Student Misconduct
Many students underestimate the complexity of student misconduct proceedings and may not mount an effective defense, exposing them to consequences that they may have otherwise been able to avoid had they had professional legal representation. An experienced attorney can help by:
- Explaining the allegations against you
- Reviewing your school’s code of conduct, disciplinary procedures, and other policies related to your case
- Helping you navigate the process involved in the student misconduct case
- Conducting an independent investigation into the claims against you
- Explaining the potential consequences and legal options available to you
- Interviewing witnesses and gathering evidence to support your version of events
- Evaluating the strengths and weaknesses of your case
- Helping you prepare for the disciplinary hearing process
- Drafting an appeal
By hiring an experienced student misconduct attorney, you can properly prepare and retain effective legal advocacy during disciplinary proceedings.
What to Do If You or Your Child Is Accused of Campus Misconduct
If you find yourself or your child facing accusations of misconduct, take the following steps to safeguard your rights:
- Remain silent: Do not discuss the case with school administrators, campus police, law enforcement, friends, or classmates.
- Understand your rights: Read over the allegations and any mentioned policies to get a better understanding of your rights.
- Don’t contact the accuser: You might be tempted to contact the person accusing you of misconduct, but that could violate a no-contact order or make the situation worse.
- Call a lawyer: Contact KJK Student & Athlete Defense so you can get ahead of the situation.
- Don’t post about the incident: While it’s natural to want to defend your public image, let your legal team take the lead on how you respond to the allegations.
- Acknowledge the gravity of the situation: Don’t assume that this is insignificant or that the consequences won’t impact your life. The ramifications of being found to be responsible for student misconduct or an academic violation can be very serious.
Contact KJK Student & Athlete Defense for a Confidential Consultation
If you are facing accusations of student misconduct, you should take the matter very seriously. Your future is on the line. The experienced legal team at KJK Student & Athlete Defense can help. Contact us today to arrange a confidential consultation with a student misconduct attorney who can take swift action to protect your legal rights.
ATTORNEYS SERVING STUDENT GROUPS:
CAMPUS ORGANIZATION & FRATERNITY DEFENSEOur campus misconduct attorneys also have extensive experience with defending Greek organizations and student groups against a variety of misconduct allegations, from hazing to COVID-19 social distancing violations.
See What Our Clients are Saying
Testimonials
Enough cannot be said for how helpful KJK was...
for me during my allegation process. Susan and Kristina were extremely knowledgeable and passionate toward my specific case. They consistently had steps of action to take in my defense and were extremely flexible when working with me. They helped prepare me, both mentally and emotionally, prior to my hearing. Thanks to their hard work, I now have my future back.”
– Successfully defended a pre-med undergraduate student for alleged cheating on a physics lab report and showed that the professor had made a critical error in basic mathematics.
THE TEAM THAT SUSAN STONE PUT TOGETHER FOR ME AND MY SON WAS STRONG, PASSIONATE, KNOWLEDGEABLE AND DETERMINED.
Together, they helped us build a strong IEP and gain one-on-one tutoring during school, all of which I am confident will help my son reach his full potential and then some! I could not be more thankful for my time with Susan, Kirsten and Vivian.
I AM VERY GRATEFUL FOR ALL OF THE HARD WORK SUSAN AND HER TEAM PUT INTO...
defending me against a difficult situation with the school. They had very helpful opinions and were very tenacious in making sure my defense was the absolute best it could be. Susan and her team are very satisfactory and experienced, and they treated us with such compassion and integrity. They were very creative in helping find resources to help achieve a favorable outcome. They are very professional and always have informative responses to my questions. I highly recommend this team!!”
– Successfully prevailed in an expulsion hearing and kept student in school after serious allegations of misconduct.
Campus Misconduct
Frequently Asked Questions
If I am responsible for violating my college’s code of conduct, should I admit responsibility?
We would need to learn more about an individual case before recommending whether to admit responsibility. (However, in general terms, we find that it is a rare case where someone is actually responsible for what they are accused of doing.) Most of the time, there is a miscommunication that needs to be clarified or explained. Or, there might be mitigating circumstances that should be considered by a university. These circumstances might not be considered if a student just admits to being responsible for a policy violation.
A local campus misconduct lawyer would also need to know if a student has any criminal exposure before any admission is made. That is, whether or not there is any risk of criminal charges being filed. If there is some risk, it is better for the student to remain silent and not make an admission to a college investigator or administrator. Remember, any statement provided to a college is not protected under any privilege, so law enforcement or a prosecutor can gain access to that information and use the admission as evidence in a criminal investigation or case.
Why does my university/college not permit character evidence?
While colleges and universities are not bound by any formal rules of evidence, some principles that shape university policies are based on court rules of evidence. Typically, character evidence is excluded when being used as circumstances evidence to prove that a person acted in conformity with their character. Just because a student might not be likable, does not mean that the student violated a school’s policy. The converse is also true. Just because a person is known for positive character traits does not mean that the person did not violate a policy.
What are the different types of hearings for college misconduct investigations?
Colleges and universities offer different types of hearings and different names are used across the board. Here are some typical examples of hearings:
- University Student Conduct Hearings – These hearings can consist of large panels of students, faculty members and administrators. They have a hearings chairperson and render decisions by either a quorum or majority vote. The benefit of this hearing is that students can look to other students to be judged by their own peers.
- University Standards Hearing – These are hearing panels that do not contain any students. Universities typically exclude students when the alleged violation could result in expulsion.
- Administrative Hearing – these are hearing held between one professional staff member and the accused student. The hearing officer is typically a staff member trained on campus to rule on these matters. In this case, the officer acts as a judge and jury.
Are misconduct findings part of my educational record?
Yes; disciplinary findings are part of an educational record, but the findings are not typically identified on a student’s transcript. Only sanctions are noted on a transcript. However, there may be a disciplinary file that contains the finding that is maintained in the electronic record of a student. Under FERPA or the Family Educational Rights and Privacy Act, school officials may disclose education records, including disciplinary records, to another institution at which the student seeks or intends to enroll. However, FERPA requires students to provide consent before any release of the record occurs. In 1988, Congress amended FERPA to specify that certain disciplinary outcomes are excluded from FERPA, such as crimes of violence or non-forcible sex offenses. Some states’ educational records laws allow schools to disclose the final results of a disciplinary proceeding.
What can an advisor do for me?
An advisor can guide a student through the entire misconduct process and make it less daunting. Campus misconduct lawyers work with students the minute there is any information that a charge is going to issue against the student. We conduct a thorough intake, interview witnesses, gather evidence and evaluate the strengths of a case as a whole.
After the initial fact gathering occurs, we prepare opening statement, cross-examination questions and advocate for students at the hearing. We also spend a lot of time helping students prepare to answer questions at a hearing. We find that our students feel well-prepared during the process, which is key to obtaining a positive finding at the end of a long, arduous road.
What is informal resolution?
This is a way for both parties to resolve differences without the fear and stress associated with a formal investigation and a hearing. Informal resolution can take the form of mediation or restorative justice. Under Title IX and other misconduct policies, informal resolution is a completely voluntary. The main advantage of informal resolution is that both students can agree to terms contained in a settlement agreement. In this case, both sides work through differences without letting a third party make a decision where one party wins and one party loses.
Is it better to try informal resolution than proceed to a hearing?
There is typically no down side to attempting informal resolution. Most universities allow students to proceed to a hearing if informal resolution fails. However, there are times when a complainant feels that the case is so egregious that the matter should be adjudicated by an administrative panel. Likewise, if a person has strong evidence of being falsely accused, there may be no point to making any concessions during an informal resolution. Again, each case must be analyzed on its own merits, but we generally advocate and encourage our clients to at least consider informal resolution.
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Misconduct Blog
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