When you think of authority figures, who comes to mind? Police officers, bosses, parents, and the instructors and administrative personnel at your college or university. Of course, the fact that these folks might have some authority over you doesn't mean that they're always in the right—far from it, in fact.
So what happens when you find yourself accused of academic misconduct and you think—or you know for certain—that one of the higher-ups involved in your case has made a grievous mistake? That's what we're talking about today.
What Are Some of the Mistakes That Administrators Make?
Like the rest of us, university employees are fallible and prone to blunders, missteps, and plain old screw-ups. Administrators and their functionaries can fall short of fairness in a number of ways, including:
- Simple human error
- Not following protocol
- Passing the buck
- Poor communication
- Unconscious bias
- Personal prejudice
- Knee-jerk responses
Whether they accidentally misplace a file or deliberately obfuscate during important conversations, the actions taken by these authority figures can have a serious, even devastating impact on the falsely accused student's college reputation, social standing, professional career, and emotional well-being.
A System That's Swift to Judge
Also at issue is the fact that investigations into sexual misconduct and the hearings that follow are not bound by the same strictures that criminal cases are. For example, there's no standard for due process. The accused is not deemed innocent until proven guilty. They may not even get their “day in court.” Plenty of students accused of an academic misconduct transgression are summarily suspended or even expelled without ever getting the opportunity to tell their side of the story.
Although administrators and other university officials will invariably tout the process as fair and equitable, there's a common unconscious bias—particularly in light of the #MeToo movement—that the accuser is being honest and that the accused is 100% to blame for what transpired.
Giving the benefit of the doubt to accusers is often the proper way to proceed. After all, victims of sexual abuse have long seen their credibility discounted and their complaints downplayed. But overzealous administrators and victim advocates can certainly swing too far in the other direction, abandoning their neutrality for a variety of reasons.
Rather than reserving judgment until all the facts are uncovered, and every party has had their say, these folks can act swiftly and punitively. After all, they want to resolve the matter as quickly as possible so that they can wash their hands of the whole affair—and get their school out of this very negative spotlight.
How to Cope When Your Case Has Been Mishandled
Given the protections put in place for victims and the inherently unjust process of university misconduct investigations, there's a very good chance that you won't get a fair shake after being accused. How can you protect yourself? Is it possible to fight back against this inequity?
You bet it is. What you need is the legal knowledge and hands-on experience of an attorney-advisor who specializes in academic misconduct cases. Turn to attorney Joseph D. Lento and the Lento Law Firm, who will bring their extensive background to bear in supporting accused students. Don't let an administrative error dictate your future—call 888-535-3686 today to tell us about your case and get started on your journey to justice.
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