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Saratoga Springs Accused Student Defense Lawyers

Saratoga Springs Accused Student Defense Lawyers

Advocacy in Academic Disciplinary Hearings and Student Misconduct Cases

As elsewhere in life, students at colleges and universities across New York can be accused of various types of misconduct, from sexual assault to academic cheating and more. These accusations can lead to disciplinary hearings and civil and criminal charges that can have devastating repercussions on the accused’s life and future.

At E. Stewart Jones Hacker Murphy, we understand the complexity of navigating the legal landscape surrounding academic disciplinary hearings and associated civil or criminal misconduct charges. Our experienced attorneys in accused student defense are dedicated to advocating for you in these matters; our decades of experience make us highly qualified and well-equipped to defend students at Skidmore College here in Saratoga Springs and for students elsewhere in upstate New York.

Contact a Saratoga Springs accused student defense attorney at (518) 284-3183 or via our Contact Page for a consultation today.

Understanding Title IX and Student Misconduct

Title IX is a federal law that prohibits discrimination based on sex in any federally funded education program or activity. It has been interpreted to include protection against sexual harassment and sexual violence, such as rape, sexual assault, and sexual battery. Schools must respond promptly when any school employee has notice of these types of sexual crimes.  

This law is closely connected with student misconduct. Under Title IX, institutions that receive federal funds must ensure that no student suffers from sexual harassment, including unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

Title IX Proceedings

If college students are accused of misconduct, they may be subject to Title IX proceedings. The university conducts administrative proceedings to determine whether a student has violated the school's code of conduct, particularly in matters related to sexual behavior.

The process generally involves an investigation conducted by the institution, including interviews with the parties involved, evidence gathering, and review of relevant documents. Following the investigation, a hearing may be held where the complainant and respondent can present their case.

The specifics of the process can vary widely from institution to institution, as each school is responsible for establishing its own procedures in line with federal guidelines.

While these proceedings are not criminal trials, they can carry significant consequences for students found responsible for misconduct, including suspension or expulsion from the institution. Furthermore, a Title IX proceeding does not preclude civil or criminal charges from being filed separately concerning the same incident, should authorities deem it appropriate.

Therefore, while a Title IX proceeding isn't a prosecution in the legal sense, it's a serious matter that requires careful handling and, often, legal representation.

Types of Misconduct in Student Accusations

Sexual misconduct is not the only type of wrongdoing a college student may be accused of.

Other types of misconduct can include:

  • Academic dishonesty, such as plagiarism or cheating
  • Violations of school policies or codes of conduct
  • Drug or alcohol-related offenses
  • Other criminal incidents

Our firm offers extensive experience in defending students in these complex cases. We understand the unique legal challenges that arise in the intersection of academic disciplinary proceedings and civil or criminal law.

Our strategies include a thorough review and challenge of the evidence presented, ensuring that all procedures are followed correctly by the institution, advocating for the student’s rights throughout the process, and negotiating with school officials to reach an appropriate resolution.

If you are a student or the parent of a student facing any misconduct, our team is here to help you fight back. Whether in disciplinary hearings or civil or criminal charges, our mission is to protect your reputation and future.

Find out how we can help by contacting E. Stewart Jones Hacker Murphy at (518) 284-3183.
 

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Have Questions?

We Have Answers!
  • If I hire an attorney but do not want to go to trial, can I settle?
    In the course of preparing a case for trial, your personal injury attorney will work with the defense attorneys and insurance companies in an effort to secure a fair settlement for you and your family. The final decision to accept an offer of settlement or go to trial is yours alone to make.
    Contact us now to discuss your case with one of our experienced attorneys.
  • If arrested, what steps can I take on my behalf?

    1. Do not discuss your situation with anyone except your attorney.

    2. Unless your attorney says otherwise, do not discuss your case with law enforcement.

    3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.

    4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
    Contact us now to discuss your case with one of our experienced attorneys.

  • What is the difference between criminal procedure and civil procedure?
    When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
    Contact us now to discuss your case with one of our experienced attorneys.