Freedom of expression used to be a sacred principle on college and university campuses. Schools like Cornell used to recognize just how important critical thinking and open inquiry are to the educational mission. To be sure, schools still pay lip service to this idea. All too often, though, they “protect” speech that conforms to their values while restricting any sort of expression that challenges those values.
How can you tell this is happening? More and more students across the country are finding themselves charged with disciplinary misconduct offenses because a professor disagreed with their opinion or an RA found their t-shirt slogan offensive. If you’re here, you may be one of them.
You have rights at Cornell, including the right to due process. It’s not always easy to know how to use these rights effectively, though. That’s where we come in. The LLF National Law Firm’s Student Defense Team was founded to help students respond to disciplinary misconduct charges. We know what you’re up against, but we know enough about the Cornell disciplinary system that we can guide you through it effectively. No matter what your situation, we’re on your side and committed to getting you the best possible resolution to your case.
What can we do for you? Find out by calling 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Defining Free Speech
Schools don’t like to be accused of being closed-minded. It’s bad for recruitment. So they take great pains to publish free speech policies extolling the value of open inquiry. Cornell’s Expressive Activity Policy talks at length about the principle of “any study,” as in faculty and students are encouraged to pursue any study and to “pursue ideas wherever they lead.”
However, this same policy goes on to talk about Cornell as a “community of belonging.” That is, the university emphasizes acceptance and tolerance. Those are noble goals, but they are also subjective goals. They encourage everyone on campus to make decisions based on their feelings and emotions rather than policy and logic. The end result? Students wind up facing misconduct charges—sometimes, quite serious charges—simply because they’ve said something controversial or “offensive.”
You cannot know when you might be charged, and once you’re charged, you cannot know where an investigation might lead. Suspension and dismissal are always possibilities. The very moment you find yourself accused, it’s vital that you contact the LLF National Law Firm. It’s important you have someone in your corner, looking out for your interests, right from the start.
The Charges
In keeping with its outward commitment to free speech, Cornell’s Student Code of Conduct doesn’t directly infringe on students’ First Amendment rights in any way. Nevertheless, there are a number of offenses listed in the Code that can be used to limit what students can say. If you’ve been charged with misconduct because someone didn’t like what you said, it’s likely one of these offenses.
- Endangerment: Cornell doesn’t just prohibit acts of violence. It also prohibits acts that “endanger” others, even if those acts don’t lead to actual harm. It’s also important to note that “endangerment” applies not just to the physical harm you might do but also to any “emotional” harm your actions might cause. Broadly construed, any negative comment about another person could count as an offense.
- Harassment: There are actually federal laws that bar harassment if that harassment is based on certain protected characteristics, including sex, age, race, national origin, veteran status, disability status, and religious belief. Colleges and universities sometimes assume that such laws can be used to limit what students can say.
- Disorderly Conduct: The Code mentions “disorderly conduct,” “disruption of university activities,” and “failure to comply” as offenses. When all else fails, the university can use one of these regulations to silence “offensive” speech.
Colleges and universities can be clever in coming up with ways to punish students even when students haven’t actually violated policy. The LLF National Law Firm has been at this a long time, though. We know what to expect from schools like Cornell, and we know how to counter their moves. We’ve protected hundreds of students from all types of charges, and we can protect you as well.
The Cornell Disciplinary System
The thing is, Cornell’s own policies include important due process protections for those accused of misconduct. The university needs evidence to substantiate any charges against you, and it must provide you with a forum for challenging that evidence.
- All disciplinary misconduct matters are in the hands of the Office of Student Conduct and Community Standards (OSCCS). Anyone may lodge a complaint against you, and just being accused can be a scary experience. An accusation isn’t a charge, though. Only the OSCCS can issue formal charges.
- If you are charged, you’ll receive notice of those charges. This notice will describe the nature of the complaint and explain your due process rights.
- You can expect the university to conduct some type of investigation. Again, an investigation sounds like a stressful process, but it’s to your advantage. Cornell cannot proceed against you without evidence. Plus, this is your opportunity to give your version of events, and investigators must allow you to review any evidence they uncover in the case.
- Once the investigation is complete, the OSCCS sets a time and date for a hearing before a Hearing Panel. The hearing affords both sides the opportunity to present their cases. You may introduce physical evidence and call witnesses to testify. In addition, you have the right to raise questions about any evidence being used against you, including witness testimony.
- Ultimately, the Hearing Panel must determine if there is a “preponderance of evidence” against you. Put simply, you are “responsible” for the offense only if a majority of panel members believe it is “more likely than not” that you committed the offense.
- You also have the right to appeal a “responsible” outcome. However, grounds are limited to issues of fairness, such as procedural errors, the discovery of new evidence, or a disproportionate sanction.
What is your LLF National Law Firm attorney’s role in this process? To prepare you for everything you’ll face and make sure you have the strongest possible arguments and the most compelling evidence. We can coach you in talking to investigators, draft your hearing presentation, and suggest questions for witnesses. Through it all, we’ll also pay close attention to how you’re treated and make sure you’re afforded every due process right to which you are entitled.
The LLF National Law Firm is On Your Side
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 you get justice. 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.