As a college or university student you are obligated to follow a set of rules and regulations set forth by the institution often called the Student Code of Conduct. However, students often don’t recognize the seriousness of these rules, not realizing disobeying them could get them disciplined by the University or even arrested.
If your university charges you with violating the student code of conduct, it’s important you know how to navigate a university disciplinary hearing with the appropriate resources–and without incriminating yourself in an associated criminal case.
First, students should know they have the right to a qualified advisor when accused of violating their student code of conduct. Neglecting to obtain a qualified advisor, whether a parent, attorney, or university advisor, could severely damage the student and the final outcome of the case. Often, when students fail obtain an advisor, it may be too late in the university judicial process to make an appeal.
Second, students should understand the unfairness embedded within the university disciplinary system. The burden of proof in a disciplinary hearing is extremely low. Most universities employ the preponderance of evidence standard, meaning if 51% of the evidence suggests the student is guilty of violating the student rules, they will be found responsible and sanctioned by the university. This is a far cry from the standard of proof required by the criminal justice system. In that system, guilt must be proven beyond any reasonable doubt – all the more reason a qualified advisor should be obtained and consulted prior to any student hearings.
Next, students should be wary of incriminating themselves throughout the disciplinary process. This is especially true when the student is also subject to a criminal investigation or has criminal charges pending. Unfortunately, this is a very common mistake. Especially in a case where the student fails to employ the help of a criminal defense attorney.
Lastly, given that discussions with hearing officers and accused students occur, it’s important to avoid self-incrimination as federal law does not protect statements from being disclosed to the police. If the police believe these statements exist, they simply subpoena the university to obtain them.
If you are a student having been charged with violating your school’s code of conduct, the first thing you should do is seek help. Steve Gustitis is a Texas Board Certified Criminal Defense Attorney practicing in Bryan-College Station, Texas with flexible hours to accommodate your schedule. He has more than 27 years of experience in the field of criminal law and criminal defense in Brazos County.
By Stephen Gustitis | October 21st, 2021
