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 [...]
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.
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 [...]
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 [...]
As the 2013-2014 academic college year comes to a close, the statistics for 2012 are in and have been comprehensively analyzed by website rehabs.com in its report, "Drugs on Campus, Exploring the Drug Cultures of Hundreds of College Campuses through their Crime Data." This website is a very interesting read and does a tremendous job analyzing the statistics of college arrests in many areas, not only alcohol and drugs.
I love Key West. They really know how to deal with a problem down there. They have something called "Spring Break Court." Key West, like most big Spring Break destinations, suffers from many arrests of college students for relatively minor crimes like underage drinking, open container violations, fake IDs, etc. The problem with the arrest of a college student on Spring Break vacation is that they are not locals and must return to their home, usually hundreds of miles away, at the end of the week before their criminal case can come to court to be resolved. Key West has [...]
College Arrest 101 Blog | Florida State College Students Can Bring a Firearm to Campus, Says Florida Court
The Florida First District Court of Appeals recently ruled that Florida public universities must permit firearms to be kept in an encasement inside a vehicle on campus. You can read the opinion here. Florida state, public colleges, like many universities around the country had rules against bringing weapons, including firearms anywhere onto campus. However, in Florida we have a statute that specifically addresses the right to keep a firearm in a vehicle on campus. Universities don't like any firearms on campus - zero tolerance. However, firearm carrier advocacy groups fought these campus bans and won! Now, at any of the [...]
College Arrest 101 Blog |Freedom of Speech or Facing Suspension? | ASU College Students’ Racist MLK Party
Social media postings land another group of College Students in discipline. This time a fraternity at Arizona State University was suspended and a number of students involved in the party are facing discipline for a racist Martin Luther King day party. Read about the facts here. This is not the first time that social media such as Facebook, Twitter or Instagram has gotten a College Student brought up on disciplinary charges. College Students need to know that anything that is posted by you or depicting you on the Internet or social media can be used by your college or university to [...]
The media firestorm this week has been blazing with news of every detail of Justin Bieber's DUI arrest in Miami (my own backyard) this week. But, what I haven't heard yet is why Justin Bieber and many other celebrities along with most of my clients don't know their legal rights when they come into contact with law enforcement or when they have been arrested. Learn them, know them and use them because this could make or break your criminal case. Basically, the rules are simple. Here we go. When a police officer asks you any questions you have the absolute [...]
Last week the NFL finished up its 2013 annual draft in a time when there has been no shortage of college football players in the news for behavior off the field including arrests and suspensions. This issue of college athlete arrests is not exclusive to football players, but every college sport experiences arrests of team members. Policy varies widely from university to university regarding punishment for these student athletes - some receive almost no discipline while others are thrown off the team. However, this week it seems that things may be looking up for college athletes who face arrest and [...]