As soon as a college or university student is charged within the school's disciplinary system records are being generated. These include records of the incident (criminal or otherwise), reports of university officials, statements, complaints, charging documents and then the ultimate sanction - be it probation or suspension or expulsion. Fortunately, these records are considered "educational records" and are NOT public. They are kept confidential by the university pursuant Federal Law. The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), protects the rights of confidentiality in a student's educational records and governs circumstances [...]
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 [...]
"The Dean of Students, or his/her designee, has the authority and responsibility for the administration of the disciplinary system and the establishment of procedures, which apply to all students alleged to be in violation of this Code of Conduct, whether an incident occurs on campus or elsewhere." University of Miami 2011-2012 Student Rights and Responsibilities Handbook page 31. Almost every university disciplinary code I have ever read includes a provision permitting the school to discipline a student even if an incident or crime occurs off campus and has nothing to do with the university, another student or the staff. In fact, I recently represented [...]
Welcome to College Arrest 101 Blog. This blog is dedicated to providing information and assistance to College and University Students who were arrested and facing criminal charges and/or who are charged and involved in a University Disciplinary Proceeding. College Students who have been arrested are in a unique situation. I am a criminal defense attorney practicing in Miami, Florida and have represented college students in criminal court and counseled them through school and university disciplinary hearings.