You cannot afford to take any disciplinary misconduct allegation at UC-Davis lightly, but if issues of free speech are involved, the situation can be especially tricky. The line between protected and unprotected speech can sometimes be perilously thin, and if you find yourself on the wrong side of that line, you could face sanctions, including suspension and even dismissal.

If you’ve made a comment in class that upset your instructor or put up a flyer that offended another student, you need help defending yourself.

The LLF National Law Firm’s Student Defense Team was founded to do just that. We understand the stakes are high—any black mark on your transcript can cost you job opportunities down the line. There are ways to protect yourself, though, and we’ve helped hundreds of students use them to salvage their educational futures. We know how UC-Davis operates, and we’re always on your side.

How can we 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.

UC-Davis Free Speech Policies

UC-Davis has an entire page devoted to its commitment to free speech. That alone warrants suspicion. In fact, that page contains more limitations than protections for free speech. There’s a “Free Speech Guide,” which focuses primarily on your “responsibilities” when it comes to personal expression. There’s another section entirely dedicated to why “limits” on academic freedom are so important. A third section of the page promises to explain why all those staff members (the Freedom of Expression Response Team) are lingering and watching you during free speech events on campus.

The bottom line is that your free speech rights at UC-Davis can be a matter of interpretation, and if you happen to offend someone, there’s simply no way to know whether you’ll be protected or vilified.

Anytime someone questions your words or actions, whether it’s a professor in class or another student in line in the cafeteria, you should contact the attorneys at the LLF National Law Firm. We know how to protect your interests and make sure the university respects your rights.

Rules and Regulations at UCD

Note that the university can’t simply sanction you for offering a controversial opinion. That really would raise eyebrows. However, there are definitely offenses listed in the Policy on Student Conduct that, when pushed, can be used to justify punishing free speech.

  • Discrimination and Harassment: One of the most commonly used of these is the prohibition on discrimination and harassment. The government does limit what you can say about certain protected characteristics, including a person’s race, age, sex, national origin, and religion, and UCD is obligated to follow the law. However, schools sometimes stretch federal and state guidelines beyond their basic meanings.
  • Threats: You should not be allowed to make true threats against others. Again, however, colleges and universities can sometimes decide a perfectly innocuous comment constitutes a “threat.”
  • Disorderly Conduct: You can also be charged with disorderly conduct, especially if someone decides your words or expressions are “obscene.” And instructors sometimes accuse students of simple “disruption” of class when they share an unpopular opinion.

Whatever you’re charged with, the LLF National Law Firm is on your side. We’ve helped students defend themselves from every conceivable type of misconduct charge, and we know how to deal with issues related to free speech. You can count on us whether you need to negotiate with an instructor or fight a formal charge.

The Disciplinary Process at UCD

The good news is that the university can’t simply accuse you of an offense and sanction you. UCD’s own policies guarantee you the right to due process. In simple terms, you’re “innocent until proven guilty” (not responsible until proven responsible). This means the school must have concrete proof you violated policy, and it must give you the opportunity to contest that proof.

  • The Office of Student Support and Judicial Affairs (OSSJA) has jurisdiction over disciplinary misconduct issues. However, this office cannot charge you unless it determines that an allegation is both credible and actionable. Often, it is possible to avoid an investigation simply by arguing that your words or actions are not actually Code violations.
  • If the OSSJA does decide to charge you, it must provide you with notification of those charges. The notification must provide details of the allegation and a complete list of your due process rights.
  • The university cannot proceed against you without some kind of substantiating evidence. As a result, it must conduct an investigation. As part of this process, you have the right to give your side of the story. Further, you are entitled to review all evidence uncovered in the case.
  • Once the investigation is complete, investigators turn over their findings to the OSSJA, which then sets a time and date for a formal hearing.
  • Hearings can take place before a Hearing Officer, a Hearing Panel, or the Campus Judicial Board. In any case, you have the right to make arguments and offer evidence in support of your innocence. You are also entitled to raise questions about any evidence being used against you.
  • Decisions in disciplinary misconduct cases are based on the “preponderance of the evidence.” What this means is that you are responsible for (guilty of) an offense only if it seems “more likely than not” that you committed that offense.
  • You must also be afforded the opportunity to appeal the outcome of your hearing. Typically, appeals are based on issues of fairness—whether or not you were given a fair opportunity to make your case.

You’re not on your own as you go through these processes. Your LLF National Law Firm attorney will stand beside you and make sure you’re fully prepared to present your case. They’ll work with you to find evidence, for instance, and help you review the evidence that school investigators uncover. They’ll help you refine your arguments and draft your hearing presentation. They’ll file an appeal on your behalf if needed. Most importantly, they’ll monitor everything that happens and ensure you’re treated fairly from start to finish.

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 UC-Davis provides you with every due process right to which you are entitled. We are skilled negotiators, but make no mistake: we’re ready to fight for you any time you need us.

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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