Navigating University Disciplinary Hearings: The Legally Blind Justice Podcast: Episode 32

Legally Blind Justice Podcast

Navigating University Disciplinary Hearings

Keywords: university disciplinary hearings, student rights, due process, academic misconduct, Title IX, appeal process, legal advice, student defense

Summary: In this episode of the Legally Blind Justice Podcast, Dr. Tim Markley discusses the complexities of university disciplinary hearings, including preparation, understanding the conduct board, ensuring fairness and due process, and the appeal process. He emphasizes the importance of being well-prepared and knowing your rights as a student facing allegations of misconduct.

Takeaways:

• Disciplinary hearings can be overwhelming, but they don't have to be.
• Preparation is critical for a favorable outcome.
• Understand the charges and review the specific policies you're accused of violating.
• Gather evidence and prepare your statement for the hearing.
• Dress appropriately and stay composed during the hearing.
• Due process means your hearing should be fair and transparent.
• If the decision doesn't go your way, don't lose hope; appeals are possible.
• Review your school's policy for filing an appeal and meet deadlines.
• Stick to the facts in your appeal letter; avoid negativity.
• Universities have legal departments; you should have support too.

Sound Bites:

• "Bring in an advisor for support and guidance."
• "You have the right to due process."

Transcript:

Tim Markley (00:00.046)

This podcast is for information only and should not be considered legal advice. There is no representation that the legal services to be performed by LOCA are better than the services of other attorneys. There is no guarantee of the outcome. Success is rendered on a case-by-case basis. Hello and welcome to the Legally Blind Justice Podcast, where we tackle legal and disciplinary challenges that face college students and K-12 students.

and we show you how to navigate them with confidence. I'm your host, Dr. Tim Markley, and today we're diving into an important topic, university disciplinary hearings. Whether it's an allegation of academic misconduct, a Title IX violation, or some other serious issue, disciplinary hearings can be overwhelming, but they don't have to be. With preparation and understanding of the process and the rules, you can face that panel with

clarity and confidence. So in this episode, we're going to cover the following topics. What happens in the university conduct hearing? How to prepare effectively? How fairness and due process are built into the system and what to do when they're not. And finally, we'll talk about a decision if it's not in your favor and the importance of appealing those decisions. So stick with me as we break down these processes, share insights for some real college policies.

and show you where to find the help you need. And remember, you can always visit our website at kaltmanlaw.com or call us at 1-855-K-ALTMAN. Let's jump in. Let's start with the basics. So what is a university conduct board? These panels are put together by universities or colleges when a student is accused of some kind of offense.

It is typically composed of faculty and administrators, deans, department chairs, and sometimes include students. In some rare cases, it may be a student only panel. Or if it's a Title IX hearing, they may actually hire someone from the outside to serve on that panel. So here's a breakdown of what you can expect. A notification of charges.

Tim Markley (02:19.68)

Most universities, like the University of California, require students receive written notice of charges at least 10 business days before the hearing. This allows you time to prepare for your defense. Not all schools, though, are as specific as the University of California, and it may actually take longer and sometimes even shorter. Now, the hearing itself. At schools like Michigan State,

you'll have the opportunity to present evidence, call witnesses, and respond to questions. In most cases, you're allowed an advisor, but in nearly every instance, the advisor is not allowed to speak on your behalf. The exception here is a Title IX hearing. In a Title IX hearing, your advisor will actually be the one that questions the complainant, the respondent, and any witnesses.

So that's a major difference in a Title IX case. Now, these are adjudicated on a very different standard than most legal proceedings. If you watch TV shows like Law and Order or Perry Mason, beyond a reasonable doubt, it's the standard. But most universities use a standard called preponderance of the evidence. This means that they determine whether it's more likely than not

that the alleged violation occurred. That's all it takes to be found responsible in these hearings. So it's important to treat these hearings seriously. Even though they're not criminal trials, they can have a significant consequence. It can lead to suspension, probation, expulsion, a permanent mark on your academic record. So you've been charged with this violation.

What do you do? Let's talk about preparing for the hearing. Preparation is critical. A well-prepared student has a much stronger chance of a favorable outcome. First and foremost, understand the charges. Review the specific policies you're accused of violating. For example, the University of Texas Student Code of Conduct outlines academic dishonesty, and it includes unauthorized collaboration.

Tim Markley (04:41.698)

submitting the same work in multiple classes without approval or falsifying data. So you've got to look at what you're being charged with, know the exact violation, because that will guide your defense. Second, review the evidence. Request evidence is going to be used against you. Many schools like Penn State provide access to this information before the hearing.

But it's your responsibility to ask for it. They are not simply going to send it to you. Gather other evidence, emails, text messages, class notes, testimony from witnesses. For example, if you're accused of plagiarism, your drafts with time stamps can be a crucial defense. Prepare your statement. Write a clear, concise explanation of your perspective.

Practice speaking confidently so you're ready to answer questions from the panel. And don't take this as an opportunity to get back at a university administrator you think has done you wrong. They want you to be professional. They want you focused on the academic chart, what you're being charged with. This is not a chance to get your pound to flesh. Five, bring in the advisor. Most schools allow advisors.

like a lawyer, a professor, or someone else to be present during that hearing. While they may not speak for you, they can provide critical support and guidance. And most hearings will allow you to stop and have a conversation with your advisor before answering questions or moving forward. We always recommend an attorney or a professional who does this kind of work. But having someone there with you can

provides you with great support. It can calm you down and provide you someone to have a conversation with if you're confused by what's going on. So for an example, imagine being accused of disruptive behavior during a dorm event. If you have text messages from the event organizer thanking for you and your participation, those messages can serve as evidence that challenge the claim against you. So preparation is about more than evidence though. It's also about presentation.

Tim Markley (07:07.63)

dress appropriately, be respectful, and stay composed. Next, fairness and due process. A common question that students ask is, will I be treated fairly? And that answer lies in what's called due process. Due process means that your hearing should be fair and transparent, and that it's going to follow those rules that are established in the school's code of conduct. So due process typically starts with

One, notification of charges. Schools like Stanford require students receive written notification of the charges and include the evidence against them. Two, the right to be heard. a university, students are guaranteed the right to resent evidence and witnesses, ensuring that they have a fair chance to defend themselves. The third part of due process is decision making, and it needs to be impartial.

The University of Illinois, for example, requires that all panel members disclose any conflicts of interest to avoid bias. And unfortunately, some schools, though, do fall short of the standard. So, for example, if a university denies you access to the evidence until the day of the hearing, that's a procedural violation and becomes grounds for appeal that we'll talk a little bit about in a moment. If you believe your rights have been compromised,

Don't hesitate to bring this up with your advisor or to file a formal complaint with the university. Next, filing an appeal. If the decision doesn't go your way, don't lose hope. Most universities allow you to file an appeal, but timing on appeals is often critical. And I will tell you, we have had clients where they lost their first round, but in the next level of appeal, they were successful.

I even had one place where we had to go through four levels of appeals. It started with a professor. It went to the department and then went to the College of Education to the provost and finally all the way up to a state review board for that client before it was finally overturned. Now, appeals typically fall into four areas, procedural errors that affected the outcome. So.

Tim Markley (09:30.754)

You weren't allowed to see the evidence. That's a procedural area. New evidence that wasn't available during the hearing. Maybe one of the witnesses that you wanted to call was out of the country and came back into the country after the hearing. The sanctions are disproportionately harsh. You're a freshman student and you accidentally plagiarized something or failed to cite properly and were charged with plagiarism. And then you were dismissed. That's an excessive sanction.

for a relatively minor violation. Number four, the evidence of bias or misconduct by a panel member. So when you're doing this and you find out that one of the panel members is best friends with a professor who is accusing you of cheating, there may be some bias there. You may have a basis to appeal because of that. So how to file an appeal? Review your school's policy. For instance,

Syracuse University requires appeals to be filed within seven days of the decision. I've seen other schools where that review period is as short as three days. Some have a 10 day appeal. You also have to understand, is it calendar days or business days? How does spring break, Christmas break, Thanksgiving break impact the counting of those days to be appealed? Write a strong letter of appeal. Be specific about

why you believe the decision was flawed. Reference back to those reasons for appeal that are outlined in the school's policies. For example, if you weren't allowed to present a key witness, explain how this affected the outcome. Don't get mad, negative, and judgmental in this letter of appeal. Stick to the facts. Stick to the errors in procedure. Next, submit

Follow up, make sure to meet the deadlines, confirm that your appeal has been received. So that's the hearing process kind of in a nutshell. But let's let's wrap up and review one more time. So quick recap. Treat disciplinary hearings seriously. Prepare thoroughly. Understand your rights under the university policies. If something feels unfair, speak up. You have the right to due process.

Tim Markley (11:57.098)

Appeals can be a powerful tool to overcome that first hearing. Have an advisor with you to help you guide you through the process. I cannot stress this enough. For more information, check your university student code of conduct or contact your school's legal aid office. Nearly every university has that office. Additionally, you might want to get personalized guidance.

visit someone else outside of the university. Check out our website at K. Altman Law. We have a lot of resources that can help you in matters such as this. Or give us a call at 1-855-K-Altman. We specialize in helping students navigate complex disciplinary matters and protecting your rights. I want to remind you universities have entire legal departments

or access to outside counsel to help them navigate their own rules and processes. And you should have someone helping you do that as well. So I want to thank you for listening to the Legally Blind Justice podcast. If you found this episode helpful, subscribe, share it with a friend, leave us a review. Next time, we'll dive into another topic about student defense, navigating academic integrity violations, K-12 issues, or special ed issues. Until then, stay informed, stay strong, and remember, you're not alone.