If you have received a notice of disciplinary charges in Philadelphia, you should reach out to a skilled attorney. A dedicated lawyer could fight for you and stand by your side throughout the process. Read below to learn more about disciplinary charges.
Students at Villanova University receive notice of disciplinary charges or hearings under the process outlined in their blue books. The 2018 and the 2019 versions set out the student code of what happens when a conduct review officer is notified of a potential infraction. What happens is the school officer sends out notice and offers the student an opportunity to review the facts, which form the basis of an allegation. If the student fails to respond to notice of a meeting, the school might find the student responsible in their absence, even if they are not there.
The student has certain rights to choose whether or not to participate in the proceedings, to receive a notice of the allegation, to receive notification in a prompt and timely manner, to hear the factual allegations that form the basis of the complaint, to a prompt and impartial response and resolution of the complaint, to have the university or the complainant bear the burden of proof by preponderance of evidence, to present relevant statements, material and witnesses during disciplinary hearings, to review all written statements and materials presented at the proceedings, to have a notification of any finding of responsibility, to be free of retaliation from the university and those participating in the fact-finding process, and to appeal consistent with the blue book code of Villanova. For more questions about the specifics of this process and how it applies to a case, contact a skilled student defense lawyer.
For a Temple University board hearing for disciplinary charges, board hearings are typically conducted in private. Two students, a student organizer, a complainant, and any personal advisors are allowed to attend portions, excluding the deliberation by the conduct board. In the event there are multiple charges related to a single incident, the student conduct administrator, in their sole discretion, may schedule the matters for one or multiple hearings.
The accused students may challenge the selection of the chairperson for good cause. These challenges must be received at least 72 hours prior to the student conduct board date. At the start of the hearing, the accused student may challenge for good cause and in the membership of any student or person on the student conduct board, if they are not neutral party as related to the facts of the case.
The accused student, the student organization, the complainant, and the student conduct administrator may all present evidence, including arranging for witnesses to be present and giving pertinent information about what happened. The accused student would not be compelled to testify and no inference may be drawn from the accused student’s organization or the organization’s failure to testify. Also, the student conduct board’s determination shall be made on the basis of whether it is more likely than not that the accused student or organization violated the code.
At Drexel University, there is a Residential Living and Student Conduct Board (RLSC). When that organization receives a report, a process is started. At first, there is a preliminary review of the complaint. The RLSC reviews all complaints and alleged misconduct to determine if any policies in the code have been violated. It is their sole judgment whether to proceed with formal notification of allegations.
Then, there is the notification of a conference. The student conduct process begins with a formal notice sent to the student or the organization to their official Drexel email account. The letter states the date and location of the incident, a list of policies that may have been violated, and the date and time that the respondent is scheduled to meet with the conduct case administrator for a prehearing conference.
At that prehearing conference, there is an initial meeting between the person accused and the conduct case administrator. That person goes over some of the process, discusses the incident, and asks them about their alleged behavior to review the relevant policies as listed. They then have the opportunity to discuss the incident from their perspective and accept or deny responsibility. If someone fails to attend scheduled prehearing conferences without reaching out as to why, a decision could be made in their absence.
Following that, there may be different types of resolutions, such as collaborative or restorative sanctions. Also, it may be listed for an administrative hearing or a university hearing, which are two different types of hearings that could be held after a prehearing conference.
The Office of College Housing and Academic Services has created a University of Pennsylvania Code of Conduct. Depending on the level of severity, an executive director, director of college houses, or director of residential services may hear the cases. Students could expect to have fairness and due process from staff according to the University of Pennsylvania.
The conduct process begins with a staff person becoming aware of the possible violations. The students are then notified via email that they are potentially in violation of a standard. A meeting is requested and the meeting is held to hear from the student’s perspective and to ascertain responsibility. Students are notified via email about the determination of responsibility and the sanctions appropriate.
There are rights and obligations listed within the code. The University of Pennsylvania student has the right to be notified within a reasonable time of the complaint against them. They have the obligation to cooperate upon an investigation of a complaint, including the obligation to appear to be interviewed by college house administrative staff. They have the right to know the nature of any pertinent information against them and the right to the confidentiality of that information. Various sanctions could be given out after this type of hearing, ranging from educational sanctions to a required move, fines, parental notification, residential probation, or removal from housing.
Call today to learn more about how a lawyer could help you if you have received a notice of disciplinary charges in Philadelphia.