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.
