Now more than ever, colleges and universities are struggling to find the right balance between respecting the free speech rights of their students and faculty and fostering an atmosphere of acceptance. George Washington faces more challenges in this regard than other schools. Its location in D.C. means political and social issues resonate more strongly with the campus community.
When a university struggles to walk the tightrope between First Amendment rights and ensuring everyone’s well-being, it’s bound to make mistakes. Sometimes, a lot of mistakes. More often than not, those mistakes take the form of unfair disciplinary misconduct allegations.
If you’ve found yourself charged with an offense over something you’ve said, the situation can get complicated quickly. Just sorting out the allegations can be problematic. Don’t try to take your case on alone. The LLF National Law Firm has the background and experience to help you navigate GWU processes and procedures. Our Student Defense Team has helped hundreds of students just like you protect their rights and salvage their academic careers.
What can we do for you? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.
The GWU Free Speech Policy
Obviously, GWU’s “Free Expression at GW” policy is the place to go to learn how the university feels about free speech. Far more important than what this policy literally says, though, are the messages contained between the lines.
No surprise that this policy promises that GWU takes students’ First Amendment rights seriously. No school wants to be seen as a place that restricts student freedoms. So, you get the requisite sentences, like “The university is committed to equal access, free inquiry, free expression, and the vigorous discussion and debate on which the advancement of its educational mission depends.”
Statements like these are buried, though, in language about the importance of “respect” and “acceptance.” The university’s commitment to free expression is everywhere described as a process of “respectful, thoughtful, informed discussion.” Fair enough. Reason debate is always preferable to chaos.
However, when a school refuses to say outright and with conviction that free speech trumps all else, it sends the message that any time conflict arises, it is reasonable to suspend First Amendment rights. The moment an instructor disapproves of something you’ve said in class, the moment another student feels offended by the slogan on your t-shirt, they feel justified in lodging a disciplinary misconduct complaint.
In this sort of environment, you need an ally, someone who’s on your side no matter what–someone who will fight for your best interests. No matter what the situation, the LLF National Law Firm is here to defend you and make sure you’re treated fairly.
The GWU Code of Conduct
One of the biggest challenges to handling a free speech conflict at GWU is that disciplinary charges are never straightforward. The university can’t openly accuse you of saying something it doesn’t like. Instead, it must find other offenses in the Code of Conduct with which to charge you. Instead of “offensive speech,” you’ll typically be accused of:
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Disorderly Conduct: The Code mentions three separate types of “disorderly conduct,” any one of which can be used to punish you for saying the wrong thing. First, you can be charged with “acting in a way that threatens, endangers, or harasses others.” You can be charged for “interfering” with the activities of others. And you can be charged with “behaving in a lewd or indecent manner.”
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Community Disturbance: Notably, this offense includes “making excessive noise,” something all too common when an individual or group is engaged in heated debate or demonstration.
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Non-Compliance: Finally, you can also be charged for simply failing to obey a university official. Elsewhere, the Code also prohibits “regulation violation.” These general strictures ensure that the university can punish you for nothing more than disapproving of your behavior.
The good news is that the LLF National Law Firm has experience representing students charged with a wide range of misconduct offenses. We can help you build a defense no matter what type of allegation you’re facing. At the same time, we understand how such charges can sometimes be a misdirected attempt to silence controversial ideas, and we know how to take on that issue as well.
Disciplinary Misconduct Processes
What do you do if you’ve been accused? First, you don’t panic. You have built in protections in the George Washington Code of Conduct, including the right to a presumption of innocence (“non-responsibility”). The university needs concrete evidence to overcome that presumption, and you have the right to challenge any evidence it produces. These can be valuable tools for defending yourself.
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All disciplinary misconduct allegations are forwarded to Conflict Education and Student Accountability (CESA). This office won’t issue a formal charge, though, unless such allegations are both credible and actionable.
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If you’re charged, you’re entitled to official notice of those charges. This notice must describe the particulars of the allegations and explain all of your due process rights.
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The university must conduct some type of investigation. An investigation can feel intrusive, but it also provides you with an opportunity to give your side of the story and to present any evidence you may have of your innocence.
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Once the investigation is complete, the university sets a time and date for either a Conduct Conference or a hearing before a Student Conduct Panel. Note that before this can happen, you must have sufficient time to review all evidence uncovered in the case.
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At the hearing, both sides present their arguments, using physical evidence and witness testimony to back those arguments. Your most important job, though, is raising questions about the university’s evidence.
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Hearing decisions are based on the legal standard, “preponderance of the evidence.” According to this standard, decision-makers must believe it is “more likely than not” that you committed the offense before finding you “responsible for” (guilty of) that offense.
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Finally, the Code grants you the right to appeal the outcome of your hearing if you can demonstrate that you were denied a fair opportunity to defend yourself. This happens more commonly than you might think at colleges and universities.
The process is designed to protect you, but only if you know how to use it properly. The moment you’re charged, it’s vital that you contact the LLF National Law Firm. We can help guide you through procedures and show you how to use your several rights to your best advantage.
The LLF National Law Firm is Always 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.