Facing a disciplinary hearing on campus can be a confusing, stressful experience for students. Suspension or expulsion can derail academic progress, tarnish a student’s reputation, and have lasting consequences for their future. In many of these cases, students often wonder if they have a right to access the evidence against them. Read on and reach out to the higher education lawyers at Allen Harris to learn more.
What Does Due Process Mean in a Campus Setting?
Unlike criminal court, campus disciplinary hearings operate under a different set of rules. While public universities must give students due process rights if they are facing expulsion or a lengthy suspension, the requirements of due process in this setting are less stringent than in a criminal case. And private institutions are not require to provide due process at all, although they must follow their own policies, which often do include some protections designed to ensure a fair process.
Due process in an educational setting includes the right to notice of the allegations and a meaningful opportunity to be heard, which does not necessarily entitle a student to access all of the evidence in the school’s possession. On the other hand, under the federal regulations governing Title IX sexual misconduct hearings on campus, the parties must be given an opportunity to review relevant evidence.
How Can a Lawyer Help Students Access Evidence?
Attorneys who focus on campus disciplinary defense and Title IX understand how to challenge unfair processes. They know how to demand transparency, pressure universities to release withheld materials, and appeal decisions when rights are violated. In many cases, just having legal representation can influence how the school handles the hearing.
A lawyer can also interpret vague school policies, communicate directly with investigators, and help prepare a response to the allegations based on whatever information is available.
Being accused of a serious violation is overwhelming, but you are not powerless; knowing your rights and acting quickly to protect them can make a major difference in the outcome. If you’re facing a hearing and don’t know what evidence you’re entitled to, don’t wait. Speak to a Title IX and campus discipline attorney as soon as you can.