Colleges and universities have detailed processes for managing misconduct. Each institution holds students to a strict code of conduct, but sometimes, the school itself can be at fault for unfairly punishing its pupils. Despite opportunities for appeals, however, from time to time, students must seek help from the state court system for redress. If you are subject to unfair processes or discipline from your school, call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit us online.

John Doe v USC

During an incident at the University of Southern California (USC), a student was accused and found responsible for multiple violations of its code of conduct. At a fraternity party, "John Doe" allegedly participated in a group sexual encounter, where "Jane Roe" alleges that multiple men sexually assaulted her. In her complaint to the school, she stated, however, that her encounter with John was consensual but not with others. Regardless, USC's Office of Student Judicial Affairs and Community Standards investigated the matter and found John guilty of nine offenses, including sexual assault.

John appealed to the Student Behavior Appeals Panel, which found insufficient evidence of sexual assault but held him responsible for allowing others to touch Jane and endangering another member of the university campus after leaving her alone with other unidentified males. John then petitioned the superior court, claiming he was denied a fair hearing. The court found insufficient evidence for one violation but upheld the other, prompting a move to the California Court of Appeals.

The appellate court found that USC failed to provide adequate notice or information to John and ruled the disciplinary decision was an abuse of discretion. Moreover, the court determined that no substantial evidence supported USC's conclusion to punish John for the above allegations.

Why Is the Ruling Significant to Students?

The court's decision underscores the importance of due process in university disciplinary actions. Every school's code of conduct must clearly and concisely define how the grievance process works, including the appropriate timeline for students to receive notice of allegations, access evidence, and defend themselves properly. However, there is always the potential for bias and unfair proceedings.

Unfortunately, many students may believe that since the process can be corrupted, it's just a part of the college experience. However, discipline of any measure can easily disrupt graduation plans and even a student's career path. Had John decided not to fight the school's decision, the situation could have damaged his entire future.

How Can the Lento Law Firm Help?

Although colleges and universities claim to grant students due process during disciplinary proceedings, it's not a guarantee. While the court affirmed the rights students still retain once they arrive on campus, one of the most vital aspects of the case is that it's a reminder to students that they can This case serves as a reminder to students to seek legal support if they face disciplinary actions that may impact their education and future career.

The Lento Law Firm Student Defense Team understands that school administration and disciplinary panels don't always hold fairness in the highest regard and may look to make an example out of students. Our team will help you navigate disciplinary proceedings, including recognizing when the school isn't playing by the rules. To learn more about how your school may be putting you in an unfair position, call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit us online.