What Are Your Rights When Facing Disciplinary Action?
No matter what allegations are brought up by the accuser, you are entitled to numerous protections under federal law. This is a small relief when serious repercussions loom over the accused. All public educational institutions contain legal restrictions over their disciplinary and school processes because they are owned by the government. It is of utter importance that these rights are protected, especially in a serious case which leaves the accused with the most to loose.
Though private colleges are not required to give students the right to due process, their policies and procedures are typically similar to a public school. This is because of the government’s involvement in Title IX through the Department of Education’s Office of Civil Rights. Even if their policies differ though, the college administration is required to keep their own rules regarding disciplinary action.
So if you have been accused, these are your rights:
- You have the right to receive notice of the charges against you
Sometimes schools need a reminder of basic constitutional provisions like the Sixth Amendment. This amendment clearly states than an accused person has the right to be informed of the nature and cause of an accusation. This must happen before disciplinary actions are applied.
- You have the right to have the same standard procedures used on your case that are use for similar cases
All cases must be treated in a standard and consistent fashion under standard procedures.
- You have the right to know what evidence the college has against you
Colleges may omit information about the evidence provided by the accuser. You cannot properly defend yourself this way. Hearings exist to give both the accuser and accused the chance to share their account of events and the evidence they have collected.
- You have the right to an impartial panel where you can present your account of the incident
Both the accuser and the accused need to be given the chance to make a statement and present their evidence.
- You have the right to have an attorney present in a hearing
Often called an “advisor”, most schools allow the accused to have someone present in the hearings. An experienced lawyer can ensure that rights are protected. It can also let the school know that they need to stay in line with their rules and the law because they are being watched in return.
Manchester & Associates Defense
Don’t loose your rights in the convoluted process of campus rules and federal law. Contact Manchester & Associates today for help if you are facing sexual assault charges.