University of Due Process: Rights of Accused College Students

Universities around the nation have come under fierce scrutiny in recent years over their handling of sexual assaults accusations. Facing backlash in the media for any delay in action, students accused of rape or sexual assault are dismissed from school with little thought given to their guilt or innocence.  In the institution’s rush to portray themselves as “Zero Tolerance,” the rights of the accused are unacceptably trampled.

Rape and sexual assault are crimes that are unfortunately rampant in today’s society.  Whether victims or perpetrators are male or female, the lasting and often irreversible effects devastate lives.  It is undisputed that victims of rape and sexual assault have long been victims not only of horrific crimes, but also to a system that until very recently skewed against them.  However, the overcorrection of the judicial process leaves the accused at a severe disadvantage and cripples their Constitutional rights.

“Innocent until proven guilty,” is not a moniker that we lazily adopted in a quick public relations campaign.  It is the cornerstone of the United States judicial system and the basis for the entire process.  When colleges and universities expel or dismiss students, or prevent athletes from playing on school sports teams without a fair process to determine their guilt or innocence, they infringe on the ideas that our country was founded upon: due process. 

If you face severe penalties due to a disciplinary infraction at a public university or college, you have a right under the Constitution to have your case heard by fair and regular procedures BEFORE action is taken against you.  Period, end of story. 

If you are accused of a disciplinary infraction that could lead to your expulsion or suspension from campus, it is imperative that you seek an attorney as soon as you are notified of the charges against you (which the university is REQUIRED by the procedural safeguard of due process to do) to talk about your options.  Our law office will give a FREE 30 minute consultation to any public university student accused of a disciplinary infraction that could lead to his/her expulsion or suspension.