Walking a Fine Line

Students facing college or university misconduct allegations have every incentive to dispute those allegations. School misconduct violations can result in serious discipline up to suspension and even school expulsion. Students accused of misconduct may have the natural and emotional impulse to deny, deny, deny. But speaking often and freely with campus police or school disciplinary officials can lead to its own problems, especially when a student speaks falsely, misleadingly, or even carelessly, or when police or investigators misunderstand and misrepresent the student's explanations. When facing school misconduct charges, watch carefully how you speak, when you speak, and with whom you speak.

Why Speak

College and university disciplinary officials will generally expect the accused student to cooperate with a misconduct investigation. Your school's student conduct code may even expressly require you to do so. In some instances, the university code of conduct may state expressly that accused students must “cooperate fully and honestly in the Student Judicial System of the University….” You may very well have helpful information to exonerate you from charges and mitigate any penalty. Speaking with school disciplinary officials may well be in your best interest, but Education Attorney Lento can help you make that determination.

How to Speak

Yet if you do speak with campus police or disciplinary investigators, you should always do so honestly rather than untruthfully, as the code requires. Lying to disciplinary investigators or other school officials may constitute its own violation of school conduct codes and procedures. New York University's Student Conduct Policy, for instance, makes it a code violation to knowingly provide false information to a university official. Your school may also have a policy against interfering with disciplinary proceedings, like the policy at Portland's Lewis & Clark College. Don't create code violations by speaking dishonestly or misleadingly. The cover-up, as they say, is often worse than any crime. If you are being investigated, any statement should be carefully prepared in consultation with your attorney.

When Not to Speak

On the other hand, you and your retained school discipline defense attorney may conclude that you should not speak on certain subjects in certain forums. You have a constitutional right against self-incrimination as to potential criminal charges. Your silence may be wise and necessary. Your school's conduct code may even warn disciplinary officials not to use against you your refusal to attend certain conferences or hearings. Ohio State University's policy on disciplinary attendance, for example, strongly encourages the accused student to attend and speak but expressly prohibits disciplinary officials from using against the student their failure or refusal to attend and speak.

Premier Defense Attorney Advisor Available

For your best outcome to misconduct allegations, consult your retained school discipline defense attorney about when, with whom, and how to speak. Premier national education defense attorney advisor Joseph D. Lento and the Lento Law Firm's Student Defense Team are available for your skilled and experienced representation nationwide. They have helped hundreds of students across the country successfully defend and defeat school misconduct charges. Call 888.535.3686 or go online now for premier defense services.