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College Arrest 101 Blog | Effects of a College Suspension
You or your child may be facing a University Disciplinary violation or hearing where suspension is a real likelihood. In fact, many code of conduct violations carry a "possibility" of suspension or expulsion but ultimately this very serious penalty is not imposed. When a suspension is given from the University, it normally ranges from one semester to two years, depending on your school and the seriousness of the violation. I have not personally seen a suspension over two years and assume at that point the college would entertain expulsion. There are some immediate, short term and long term effects of [...]
College Arrest 101 Blog| Current Title IX Laws on Sexual Misconduct Cases
In September 2017, newly appointed Secretary of Education Betsy DeVos rescinded Obama-era Title IX mandates which had been highly criticized as failing to provide due process to the accused students. Currently, any college student who is accused of a Title IX sexual misconduct violation (anything from sexual harassment to stalking to date rape) will have some more protections in the campus disciplinary process. For example, colleges may employ a "clear and convincing" evidentiary standard where an accused students must be found guilty by a higher burden. There no longer is a fast track requirement to finish these cases in 60 [...]
College Arrest 101 Blog | Speech, Social Media and Discipline
The intersection of free speech, hate speech, social media and college discipline are playing out in campuses across the country and in some courts. College students use social media constantly and almost exclusively to voice their opinions and ideas. Many Universities have faced challenges when these opinions border on hate speech or racism and school officials are turning to the University Disciplinary system. Many University codes bar and punish many types of normally protected speech. Sounds unAmerican? Against the Constitution? What about the First Amendment? This is the challenge. For example, an App called Yik Yak has spurned a number [...]
College Arrest 101 Blog | Another UM Football Player Arrested and Out of School
Another promising University of Miami Hurricane football player was arrested last month - this time for DUI. The response by the UM athletic department again was immediate and a day later the freshman student was out of school. It is unclear whether this student left voluntarily or he was expelled. You can see the local coverage of the story here.
College Arrest 101 Blog | Back to Campus
The 2014-2015 college academic year has just started for most colleges and universities. Here in Miami, students have been back to campus for about a week now and classes have just begun. This is a very busy time for Freshman and returning students alike. New and old friends are meeting up and enjoying themselves all around campus and town. As I warn every fall, students should be extra careful in these first few weeks of the semester when the police are out in full force patrolling for typical college student illegal activity like drugs use and underage drinking. Many campus [...]
College Arrest 101 Blog | Colleges Spend Summer Break Rewriting Disciplinary Rules
What do college administrators spend their summer doing? They open up their Student Handbooks and Disciplinary Codes and revise their policies based upon the changes and events that have occurred in the preceding school year. This summer's hot topic is Sexual Assault and Consent. With rape statistics on college campuses on the rise, colleges are under pressure to review their policies and are completely revamping their definitions of consent - even including examples and hypotheticals. You can read about the definition of consent coming to a campus near you here or listen to the NPR story here: New [...]
College Arrest Blog 101 | Mugshot Website Legislation Proposed in Florida – Take 2
The Florida Legislature is taking up the pervasive problem with these Mugshot Websites again and it looks like this time it may pass. Read about it here. I have been complaining about these Mugshot websites that obtain arrestees' booking photos, also known as mugshots, from the jails as soon as someone is arrested and publishing them on their websites, along with their names and charges. Not only is the a great source of embarrassment for those arrested, but also many times charges are dismissed or expunged and these Mugshot websites never correct their data. Worse yet, they will not remove [...]
College Arrest 101 Blog | College Graduates and Background Searches for Employment
Graduation may finally be here for some college students. Hopefully, post graduation plans include many employment opportunities. It is rare these days to obtain a job without going through a criminal background check. These words will immediately invoke fear in many, many college students who may have partied too hard or made a silly, youthful mistake that resulted in an arrest during the college years. Almost all of my college student clients want to know what exactly is on their criminal background as result of an arrest and/or criminal case. When I handle a criminal case I am able to [...]
College Arrest 101 Blog | What are the Student Discipline and Arrest Statistics for My College?
Records of specific cases of student discipline at any University are strictly confidential and cannot be discussed by the College or published in the newspaper or in 2014 on the Internet. This is because college student disciplinary records (unlike criminal arrest records) are strictly protected educational records under Federal Law, which I discuss in more detail here. This may be a good thing if you are a College student and you don't want anyone to find out that you were disciplined by your University. But it really is a double edged sword. Not being able to review, check or compare what [...]