College Arrest Blog 101 | Notification of Parents in Student Discipline Cases

Dear Parent, Your child has been charged by this University with violating the disciplinary code . . . Depending on the nature of the disciplinary violation and the age of the college student, the school may legally notify the parents of a pending disciplinary violation. The disclosure of these disciplinary records is governed by FERPA (Family Educational Rights and Privacy Act). This Federal Statute states that the parents of children in grades K-12 have a right to notification and full inspection and disclosure of these educational records.  However, once a child turns 18 and begins college this right transfers to [...]

By |2014-08-05T01:56:56+00:00June 10th, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Important Decisions to Make in a Student Disciplinary Proceeding

Within hours of first receiving notice that the student is being charged with a college or university disciplinary violation, he will be faced with serious decisions that will effect the outcome of the process. The first step in any disciplinary process requires the college or university to provide the student with formal, written notice of the charges against him.  Within a few days of receiving notice of the charges, the student must decide whether to plead guilt (i.e. responsible) or not guilty (not responsible) for the charges.  This first and most important decision is sometimes the most confusing and difficult [...]

By |2014-08-05T02:00:19+00:00June 7th, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Dorm Room Search

Knock, knock, knock . . .on the other side of the door is your RA and the Police.  Unfortunately, this happens everyday at Colleges and Universities across the country.  What are a college students rights when facing a search of his dorm room? First, college staff normally has the right to enter and search a student's dorm room.  Every student should be familiar with his Student Handbook and Residency Regulations.  For example, at the University of Miami here in Coral Gables, Florida, the University Residency Regulations permit an 'inspection' at any time for a number of reasons, including checking for [...]

By |2018-04-11T14:31:09+00:00June 3rd, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Miami College Student Pleads Guilty in Federal Court to Threatening President Obama on Facebook

A Miami-Dade College Student plead guilty last week in Federal Court to One Count of Threatening to Kill the President. In February, the student posted comments on his Facebook page with threats to President Obama at an upcoming campaign stop at the local University of Miami Campus in Coral Gables, Florida. Full Article is Here. This college student could face a sentence anywhere from probation up to 5 years in prison.  He will have a felony conviction on his record - forever.  In addition, he could face discipline at his college, Miami-Dade College,as he is a current student.  The Miami-Dade [...]

College Arrest 101 Blog | Appeal of University Suspension or Expulsion

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 [...]

By |2014-08-05T02:06:52+00:00May 27th, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Arrest or Suspension Affects Both Financial Aid and Scholarships

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 [...]

By |2014-08-05T02:08:30+00:00May 25th, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | University Disciplinary Records

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 [...]

By |2018-04-11T14:35:55+00:00May 21st, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Right to an Attorney at a University Disciplinary Hearing

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 [...]

By |2014-08-05T02:15:40+00:00May 16th, 2012|Legal Discussion|0 Comments

College Arrest 101 Blog | Off Campus Incidents Could Result in University Discipline

"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 [...]

By |2018-04-11T14:45:13+00:00May 15th, 2012|Legal Discussion|0 Comments
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