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Disciplinary proceedings against a student at an institution of higher education can have very important consequences, and students subject to such hearings are entitled to representation by counsel. Disciplinary proceedings may overlap with a criminal investigation (e.g. rape/sexual assault, providing drugs/alcohol to minors, etc.) or concern themselves purely with academic integrity (i.e. cheating). It is important to note that even in the event of a disciplinary proceeding stemming from events that might also constitute a crime, the criminal justice system and the educational institution will have different objectives, different standards and different procedures. Evidence of wrongdoing may be insufficient to justify criminal charges, yet still give rise to disciplinary action simply because the burden of proof in criminal cases is so high (Proof Beyond a Reasonable Doubt). Conversely, there may be strong evidence of a crime that does not give the college or university cause for concern about the student. In any event, having an attorney for both criminal proceedings, and for any disciplinary proceedings at a high school, college, university, law school, medical school, etc. is extremely important to safeguard your rights and fight for the best possible outcome. Each institution is bound by its own code of conduct, and proscribes the due process available to students accused of misconduct. Students attending public schools and universities may find that they have more rights that students at the mercy of a disciplinary board at a private school, whether K-12, college-level, graduate or post-graduate study. SEXUAL ASSAULT DISCIPLINARY HEARINGS Colleges and universities have taken significant steps to combat the alarming . Sexual assault is common on college campuses, and administrations have to be careful to protect their student body from rape and other sexual misconduct. Unfortunately these efforts have come at the expense of rights of the accused. These are generally the most severe form of disciplinary proceeding a school will have, and also likely the most serious potential criminal consequences (Penal Code Section 261, 261.5 - More on California Sex Crimes). If you or a loved one has been accused of a sexual assault or rape, it is important to have an attorney who understands the ins and outs of the criminal justice system, how to expose false accusation and how to lead an effective investigation to defend your rights and your future. FIGHTS AND VIOLENCE GIVING RISE TO DISCIPLINARY HEARINGS Students who fight, threaten, attack other students, or have weapons on school property are likely to face disciplinary action by their school. Like sexual assault and rape cases, fights and attacks involving school students can have serious consequences, including criminal charges and expulsion. Criminal charges arising out of a fight, attack or threat can include PC 240 - assault, PC 243 - battery, PC 245(a)(1) - assault with a deadly weapon, PC 245(a)(4) - assault by means likely to produce great bodily injury, PC 422 - criminal threats, PC 626.10(h) - dirk or dagger on university grounds, and More California Violent Crimes). It is important to have a skilled, experienced, knowledgeable attorney who knows how to handle the investigation, evidence presentation, cross-examination, negotiations and every aspect of the criminal justice process, as well as school disciplinary proceedings. THEFT AND PROPERTY CRIMES DISCIPLINARY HEARINGS Stealing or defacing school property or property belonging to another student or a teacher/professor will also be grounds for disciplinary action under most codes of conduct. Though criminal theft charges are not often treated as seriously as violent crimes and sex crimes, this does not mean that school disciplinary proceedings will not be harsh and aggressive when dealing with a student accused of theft or destruction of property (vandalism). Property crimes can vary in severity depending on the value of the property stolen/defaced. Vandalism causing damage in excess of $400 can be charged as a felony, while theft in excess of $950 can be charged as a felony. Keying a car or stealing a laptop can give rise to felony charges. These same actions can lead to school disciplinary action. In both types of proceedings, it is vital to have aggressive, experienced, knowledgeable representation on your side, fighting for you. DRUG AND ALCOHOL DISCIPLINARY HEARINGS In recent years, laws relating to drugs and the abuse of alcohol have come to reflect a better societal understanding of substance abuse and addiction issues. Students who may have been expelled years ago will often be able to secure better fates by acknowledging a substance abuse issues and taking steps to remedy the problem with in and outpatient rehab, AA/NA meetings, and other forms of treatment and counseling. Sales or possession for sales of drugs will be treated much more harshly, both by the criminal process and the school's administration. If you are dealing with a criminal case or disciplinary proceeding involving drugs or alcohol, contact our office for a Free Consultation and to discuss your rights and defenses. More on California Drug Crimes ACADEMIC DISHONESTY DISCIPLINARY HEARINGS While unlikely to draw the attention of law enforcement and criminal proceedings, cheating or lying can be a serious violation of a school's code of conduct or honor code. Nevertheless, schools can take serious action, including expulsion for cheating, plagiarism and other forms of academic dishonesty. If you have been accused of plagiarism, cheating, falsifying documents, etc. you should discuss your situation with a lawyer to safeguard your rights. If you or your child, friend or relative have been involved in an incident leading to disciplinary proceedings at school, it is important to know and understand your rights and responsibilities, as well as have a voice on your side. Contact us now for a Free Consultation with a Los Angeles Criminal Lawyer. Our office will work hard to protect you both from criminal prosecution/investigation and from disciplinary action from school. You have a bright future, and we are here to protect it.
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contents do not provide any legal advice nor does receipt of this information create an attorney-client relationship.
© 2022 by the Law Offices of Nicholas M. Loncar. All rights reserved. Sitemap