Most colleges and universities at least pay lip service to the idea that open discussion and free speech are fundamental to the mission of education. Most colleges and universities also insist that, beyond educating students, their primary responsibility is to ensure the well-being of everyone on campus.

What happens when these two principles come into conflict? What happens when someone alleges that your free speech is offensive–that it in some ways jeopardizes their “well-being”?

Maybe you’ve found yourself at odds with a professor over something you said in class. Maybe a classmate finds a T-shirt you’re wearing offensive. Maybe an RA objects to some poster you’ve put on your dorm room door. Whatever the situation, if you’ve been charged with disciplinary misconduct over something you’ve said, you need the best legal help you can get. You need someone from the LLF National Law Firm.

The LLF National Law Firm’s Student Defense Team was founded to protect student rights, and we’re always on your side. We know how Pomona College processes and procedures work, and we’re prepared to use every resource at our disposal to protect your interests and defend your future.

What can we do to help with your case? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.

Defining Free Speech

Let’s start by talking about your free speech rights as a student at Pomona College. The Pomona College Speech Code tries to argue that the university protects all the rights guaranteed to you under the First Amendment.

Yet its list of “unprotected speech” includes seven distinct exceptions, all of which are subject to interpretation.

  • Harassment
  • “Fighting words”
  • Speech to incite lawless action
  • Threatening speech
  • Speech that in some way limits the College’s educational function
  • Obscenity
  • Speech that interferes with someone else’s right to express themselves

When rules aren’t clearly defined, the nature of what counts as an offense gets blurry. It’s easy for an instructor or another student to decide they don’t like what you have to say, and in most cases, they can expect PC to back them up. Speech Code or no, anyone can find themselves accused of disciplinary misconduct just for saying what they think.

PC’s Student Code of Conduct

PC has another important Code—the Code of Student Conduct. Ostensibly, this Code is meant to protect members of the campus and ensure the institution functions as it should. Code offenses have also sometimes been used to justify punishing a student over something they’ve said. For example,

  • Discrimination and/ or Harassment: Again, under federal and state law, Pomona College is required to protect members of the campus from harassment based on legally protected categories. This requirement can be stretched to include simple offensive speech.
  • Threats: In addition to a prohibition on physical violence, the Code also outlaws any action that threatens or endangers someone’s “physical or mental health, well-being, or safety.” Again, it is certainly possible for anyone to claim that something you’ve said threatens their “mental health.”
  • Failure to Comply: It’s not always a person’s words that get them into trouble. If a professor asks you to limit what you say, and you refuse, you could wind up charged with “failure to comply.”

It doesn’t really matter what charges the College has decided to level against you. The LLF National Law Firm is on your side and ready to help in every way we can.

Pomona College Disciplinary Procedures

The Student Code of Conduct doesn’t just contain a list of rules and regulations. It also explains your rights any time you’re accused of violating those rules and regulations. For example, you are always entitled to a presumption of innocence (known on college campuses as “not responsible”). Your due process rights can protect you from unfair treatment if you know how to assert them appropriately.

Here’s what you can expect from PC’s disciplinary process.

  • Any time someone lodges a complaint against you, the university assigns a Student Code Administrator to handle the case.
  • You are entitled to notice of any charges against you. This notice should contain key information to help you build your defense, including a description of the allegations and a list of your due process rights.
  • The Student Code Administrator conducts some type of investigation into the matter. As part of that investigation, you have the right to give your side of the story and to offer up evidence. In addition, you’re entitled to review any evidence the Administrator uncovers.
  • Ultimately, the Student Code Administrator must decide if there is a “preponderance of evidence” against you. Simply put, you’re responsible (guilty) if it seems “more likely than not” that you committed an offense.
  • If you’re found responsible, you may request a formal hearing before the College’s Judicial Board. At this hearing, you are allowed to present any evidence in defense of your innocence, including witness testimony. You may also raise questions about any evidence being used against you.
  • The Judicial Board then decides your responsibility, again using the preponderance of evidence standard.
  • Finally, if the Board should find you responsible, you can appeal that outcome. However, you must have grounds to do so. Grounds can include a procedural error with the case, new evidence, or a disproportionate sanction.

The LLF National Law Firm attorney is here to support you in all aspects of your case, from start to finish. They’ll make sure you understand the process, work with you to find evidence of your innocence, coach you in talking to administrators, and even draft your hearing presentation. Along the way, they’ll make sure that PC treats you fairly and that justice is done in your case.

Trust the LLF National Law Firm

If you’ve been accused of some type of disciplinary misconduct over something you’ve said, you don’t want to try to handle the situation on your own. Your educational and professional futures are at stake.

The LLF National Law Firm’s Student Defense Team is committed to your future and to ensuring Pomona College respects all of your due process rights. We’ve helped hundreds of students deal with all types of misconduct charges. We’re always on your side and willing to fight hard on your behalf.

To find out more about how we can help, contact the LLF National Law Firm today at 888-535-3686. Or, fill out our online questionnaire.

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