Student discipline is normally handled at most colleges and universities by the Dean’s Office or the Office of Student Affairs.  Students who are facing university discipline can normally request a full hearing (including calling witnesses and presenting evidence) before a school administrator or a student and faculty panel who acts as a “jury” and decides the guilt or innocence of the student.  If found guilty or “responsible” for the violation the student then receives discipline which could include probation, suspension or even expulsion.

If a student loses at a disciplinary hearing or receives a sanction which they don’t agree with the university normally has an appeal or review procedure.  But who decides the appeal or who reviews the initial disciplinary decision depends on whether the student attends a public, state school or a private university.

Normally, in a private university an appeal goes to another committee within the university system or to the university president or vice president who makes the final decision.  Ultimately, in a private school the university decides the procedure and the discipline.  The student does not have the right to an outside or court review of his case.

However, in a public university a student’s discipline can be reviewed by a real court of law because any discipline issued by a state university is considered “state action.”    Therefore, the ultimate decision can be reviewed by a court, if the student desires.

If you have received a suspension or have been expelled from a university in the Miami or South Florida area our firm can help. We have experience in handing appeals inside the university and in court.

A college student who was arrested has more to worry about than just going to criminal court and the direct consequences of a criminal charge. A student who is arrested may also face discipline at the university level which could result in suspension or expulsion.  Both an arrest and a disciplinary suspension can have serious consequences on a student’s financial aid or scholarships.

First, if a student receives a conviction in criminal court for a drug charge he will be ineligible for financial aid for a period of time.  To learn more about the length of financial aid disqualification check the federal statute governing financial aid, 20 U.S.C 1091(r).

Similarly, any arrest or conviction could affect a scholarship depending on the terms of the grant.  Many academic and athletic scholarships have requirements about student behavior and may contain a specific clause about criminal arrests.

Second, a university disciplinary charge could result in a suspension.  Many times these suspensions take effect immediately – even in the middle of a semester for which tuition has already been paid. In order to qualify to keep financial aid a student must be currently enrolled and progressing academically. Therefore, if a student is suspended from school for a period of time then he will lose the current financial aid.

Worse yet, a disciplinary suspension could result in permanent loss of an academic or athletic scholarship. Many times a student receives a suspension as a result of  a disciplinary proceeding and eventually returns to school after the suspension period, however, he may not be eligible to receive the scholarship again.

College students who are arrested may be prosecuted in BOTH the criminal court and a college disciplinary hearing. A criminal case could result in jail but the university on campus proceeding could result in suspension or expulsion from school.  Unfortunately, the 6th Amendment Constitution to the US Constitution does not protect the Right to Counsel when ONLY a school suspension or expulsion is at stake. Meaning, because the student is not facing jail time in a university disciplinary proceeding he does not have the right to have an attorney with him at his disciplinary hearing.  However, some colleges and universities do allow the student to bring an attorney but how much advocating the attorney can do even if they are permitted to attend the hearing depends on the specific university rules.

For example, here in Miami, Florida where I practice law, the University of Miami does not permit an attorney to participate at ANY level during the disciplinary process and a accused student’s attorney is not permitted to even be present to observe during the hearing.  But, at Florida International University (FIU), the student can have an attorney attend the hearing and consult with the student during the hearing but the lawyer can not speak or participate in any other way.

Even if an attorney is not allowed inside the hearing, I have found that I can assist the student in understanding the sometimes complicated university disciplinary codes, the university rules of procedure and prepare the student for his hearing. In addition, if the initial hearing does not go well and results in a suspension or expulsion, I can prepare an appeal or a document for an additional school administrator or sometimes a court to review in order to change the outcome.

Although, the US Constitution does not believe that potential university suspension or expulsion is serious enough for an attorney – most students and parents do!  So, don’t hesitate to contact an attorney who is familiar with the university disciplinary system – even if the college or the Dean discourages contacting an attorney for a university disciplinary hearing.