Facing disciplinary action at a college or university can be overwhelming, especially if you believe the process was unfair. Students accused of misconduct often face inadequate or one-sided procedures that lack due process. If you believe you’ve been subjected to an unfair disciplinary process on campus, please continue reading and reach out to the knowledgeable higher education lawyers here at Allen Harris. Here are some of the questions you may have:
What Rights Do Students Have in Campus Disciplinary Proceedings?
While colleges and universities are not courts of law, they generally must still uphold basic fairness in disciplinary proceedings. This is particularly true for public institutions, which are bound by the U.S. Constitution. If you are facing disciplinary action that could result in suspension or expulsion, you are likely entitled to:
- Notice of the charges against you
- An opportunity to review the evidence
- A fair and impartial hearing
- In some cases (such as those brought under Title IX), the right to cross-examine witnesses
The importance of due process in campus proceedings has been reinforced by several court rulings. In Doe v. University of Cincinnati (2017), for example, the U.S. Court of Appeals for the Sixth Circuit held that universities must provide accused students with a meaningful opportunity to be heard, including the ability to cross-examine adverse witnesses in cases where credibility is at stake. If your school failed to provide a fair process, you may have grounds for legal action.
How Can You Challenge an Unfair Disciplinary Decision?
If you believe your disciplinary process was unfair, you have several options to challenge the outcome. These include the following:
- Filing an internal appeal: Many schools allow students to appeal disciplinary decisions based on procedural errors, new evidence, or disproportionate sanctions. It is important to review your university’s policies and deadlines for appeals. Allen Harris can assist you with this.
- Filing a Title IX complaint with the U.S. Department of Education: If your case involves allegations of sexual misconduct and your school mishandled the process, you may file a complaint with the Office for Civil Rights (OCR). OCR investigates schools that fail to comply with Title IX regulations, which require a fair and equitable process for all parties.
- Pursuing legal action: In cases where a university violates due process rights or enforces biased policies, students may seek relief through the courts.
Ultimately, if you believe you have been subjected to an unfair disciplinary process, it is of paramount importance that you retain the services of a competent attorney who can effectively represent your interests. Allen Harris stands ready to fight for a just outcome on your behalf. Contact our firm today.
