University disciplinary proceedings often follow their own time frame, regardless of whatever may be taking place with respect to a criminal case. So if a student is charged by his or her university and is also, say, unfortunately facing a criminal investigation or criminal charges, the university, in most instances, will proceed with this case independent of whatever may be taking place with respect to the criminal investigation or criminal case. The criminal investigation or criminal case often would not be a reason that the school would, say, stop its process. There are going to be some exceptions. The only way to make sure that your rights are protected and your interests are represented is if you have an experienced attorney advisor who is familiar with both the school process and the criminal process, who can enforce your rights and navigate the process, and take the steps that are going to allow for potentially the most favorable outcome possible.

University Discipline FAQs

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When Academic Discipline Turns Into Litigation

A recent Idaho case shows how academic disputes can escalate when fairness is in question, particularly where allegations of racial discrimination are raised under federal civil rights law. According to the Idaho Capital Sun, a jury awarded $160,000 to a doctoral pharmacy student who alleged racial discrimination after being removed from […]

When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]