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

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 thou