Navigating The Student Conduct Process
During my career in higher education over the last two decades, I have adjudicated hundreds of cases, and met with several hundred families whose students have been accused of wrongdoing on college campuses. From simple academic dishonesty to complicated sexual assaults, hazing related deaths, and sport team related financial and academic scandals.
As a parent myself I understand the unique situation that these circumstances create for parents and guardians who are supporting a college student in their very expensive and all-consuming endeavor to attain a college degree. College student conduct processes, and the policies that govern them, can be complicated and intimidating for even the most sophisticated professional. I regularly have conversations with frustrated parents who are successful doctors, engineers and even attorneys, who are mesmerized by the quagmire of bureaucracy they encounter when trying to assist their student in responding to allegations of misconduct.
As mentioned in my advice for student’s page, (insert hyperlink to student blog post) there are political dynamics that affect the student conduct adjudication processes on campuses of higher education that can have very real impacts on student educational careers, especially when an allegation of misconduct is levied against a student. For parents, these matters become complicated very quickly.
"College student conduct processes, and the policies that govern them, can be complicated and intimidating for even the most sophisticated professional."
For instance, your student might be out state, or for an international student, away from their home country. The student might also be an athlete, on scholarship, living in a campus run student housing facility, or employed by the campus as a student worker. Some students might have a demonstrated need for special accommodations for a differing ability. Whatever the individual circumstances might be, it is important to understand that college campuses are governed by different rules than the K-12 systems of which you might already be familiar.
These rules are made up of layers of laws from the federal, state, and local jurisdictions that, depending on the particular matter, can be very confusing, even for trained legal professionals. Federal laws such as the Family Education Rights and Privacy Act, Health Information Portability and Accountability Act, and Americans with Disabilities Act, just to name a few, are codified into federal, state and local rules which provide guidance for campuses on how to comply. However, depending on the particular type of college, campuses might also have district policies that standardize procedures and protocols across sister campuses within a particular college system.
What Does This All Mean?
In many cases, students are quickly overwhelmed by the process, and if they have the means (and the courage) they will contact a parent or guardian for help. Parents will often assume that they can jump in and take the reins. They will usually, and understandably, contact the Dean’s office and ask for an explanation as to the allegations, investigation, credibility of evidence, etc. They quickly learn that, even though they are very involved in the financial support of the student, they are not entitled to any information without the student’s permission. This usually becomes an issue when the parent learns of the matter by opening the conduct letter sent to the student’s home. Even if the student resides in the household however, or is under the age of 18, the student must give permission to any third party before academic information is disclosed, with very limited exceptions. Additionally, parents might attend a student conduct meeting or hearing, and be told that they cannot speak on behalf of the student, that they can be present and discuss the matter with the student, but the student will need to advocate on their own behalf.
Some parents will of course hire an attorney, only to learn that campuses have strict attorney use policies that prohibit the use of attorneys during student conduct proceedings unless there are criminal charges also pending for the same behavior. This leaves the student left with narrow options for support in most student conduct matters. For instance, even campuses that do not allow attorneys to participate, do allow an adviser to accompany the student during proceedings. Student with capable and available parents, guardians and other friends or family members can bring one for support. However, what commonly happens is the adviser is, although well meaning, unprepared for the complicated student conduct processes that the student is facing.
As non-attorneys, our consultants qualify as advisers in these situations. And as well seasoned higher education professionals, we know the process, policies and procedures and most importantly, the politics, that are at play in all of these situations. We are available to assist at all stages of the process; setting the meeting, inspection of the evidence, developing a response to the allegations, deciding on a resolution or requesting a formal hearing, hearing preparation, and attending the hearing as an advisor to the student.
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