College Arrest 101 Blog | Even Harvard Students Get Suspended

This month Harvard finally resolved all the student disciplinary cases resulting from the infamous exam cheating scandal of the Spring 2012 semester which the university first announced in August 2012 here. Harvard announced that approximately 140 students were suspected of cheating.  Half of this group were ultimately found in violation of the honor code and suspended (which Harvard calls "required to withdraw") for two to four semesters. One quarter of these accused students received disciplinary probation. You can read all the published details of the disciplinary sanctions here. What should other students and parents around the country learn from this [...]

By |2014-08-05T00:24:47+00:00February 27th, 2013|News Article Commentary|0 Comments
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College Arrest 101 Blog | Legalized Marijuana Still Illegal on College Campuses

As of January 1st, two new States will be legalizing marijuana smoking.  I'm sure many college students across Colorado and Washington are very happy about these newly enacted laws.  However, just because marijuana possession may be "allowed" by a State (either legalized or decriminalized), colleges and universities are apparently still banning marijuana on campus. A recent article here discusses a number of Colorado colleges addressing the marijuana legalization issue on campus.  In addition, student athletes governed by the NCAA can not use marijuana even if it is legal in their home state. See a recent article here addressing marijuana in [...]

By |2014-08-05T00:29:04+00:00January 7th, 2013|Legal Discussion, News Article Commentary|0 Comments
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College Arrest 101 Blog | Twitter May Lead to Suspension

Colleges and Universities, like the rest of the world, are dealing with the rapid rise of social media like Twitter and Facebook.   In many cases a college student's post on Facebook or tweet on Twitter may get them in hot water and result in university discipline and sometimes even suspension.  A number of these cases have been popping up in the news recently.  See here and here. We have even posted previously how a comment of Facebook can be criminal - when the President is involved. However, there is great debate about whether a student's social media rants are [...]

By |2014-08-05T01:49:42+00:00June 19th, 2012|Legal Discussion, News Article Commentary|0 Comments
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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
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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
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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 [...]

By |2014-08-05T02:04:59+00:00May 29th, 2012|Legal Discussion, News Article Commentary|0 Comments
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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
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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
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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
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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
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