Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination. Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues.
Colleges and universities have a fundamental duty to create and maintain a safe and inclusive learning environment for all students. The Student Code of Conduct at almost all of these schools includes not just policies for academic integrity but also a mandate to treat other students with respect and dignity. Any action a student takes that causes harm or potential harm to others threatens the integrity and safety of the learning environment, not to mention putting the school at risk of liability. Therefore, any allegations of wrongdoing that threaten this ecosystem are taken very seriously and can result in serious consequences.
If you are a student accused of causing harm to others, whether on or off campus, your academic future could be in jeopardy. If the school finds you guilty of this type of behavior, it commonly results in severe penalties like suspension or expulsion, which can impact your academic progress and even your professional trajectory. And because most schools make these determinations based only on a preponderance of the evidence (as opposed to “guilt beyond a reasonable doubt”), you are likely entering the disciplinary process at a disadvantage–with an unacceptably high probability that you could be unfairly punished over a misunderstanding or a false accusation.
At the LLF National Law Firm, our Student Defense Team has nationwide experience helping students defend themselves against charges of causing harm, along with other student disciplinary issues. Our approach is rooted in an unwavering commitment to protecting your rights and interests. We work diligently to ensure that the proceedings are fair and that your voice is heard, striving for resolutions that favor your continued academic and personal growth. To schedule a consultation, call us today at 888-535-3686 or fill out and submit our online form.
What Constitutes Causing Harm?
While each college and university has its own rules and policies regarding how students treat one another, the general concept of causing harm to others includes actions or behaviors that negatively affect the well-being of individuals or groups, manifesting in various forms such as physical injury, emotional distress, or psychological trauma. The repercussions of causing harm extend beyond the immediate effects on the victim, potentially leading to long-term psychological damage, strained relationships, and a diminished sense of safety and trust within communities. Most Student Codes of Conduct will expressly prohibit certain behaviors that cause harm, but they also reserve the right to identify and discipline any behavior that meets these criteria.
Common Examples of Causing Harm to Others
Many different types of actions and behaviors can fall under the category of causing physical or psychological harm and can result in severe disciplinary actions from colleges and universities. Some common examples include, but certainly are not limited to, the following.
Physical Violence
Physical violence is the most blatant and visible example of causing harm. In a campus setting, this includes more than just an act of assault or battery–it also includes threatening someone with acts of violence. Striking, shoving, or subjecting another person to any unwanted physical contact falls into this category. Additionally, the act of intentionally damaging someone else’s property falls under the category of physical violence that causes harm.
Reckless Endangerment of Others
Activities that jeopardize the safety of others also constitute causing harm. This type of behavior can involve violation of safety regulations, damaging or tampering with campus property, or participating in activities that are known to be dangerous (and coercing others to do the same).
Harassment
Harassment is any activity that involves verbal abuse or harassment, threats, intimidation, coercion, and/or any other conduct threatening or endangering the health and safety of another individual or their property.
Stalking
Stalking is fundamentally defined as the persistent and often menacing pursuit, following, harassment, or disruption of another individual’s peace and safety. Such behavior instills fear in the victim for their safety, even if no direct action is taken to cause harm.
Bullying
Bullying involves repeated and deliberate harassment aimed at intimidating another person. Bullying can occur both in person and online, and the repeated nature and the intent behind it can be severely traumatizing to the victim. Almost all schools (and the laws of many states) have strict rules against bullying, and being accused of it can have serious repercussions.
Hazing
Hazing is a form of initiation ritual that often occurs in fraternities, sororities, and other campus organizations. Hazing typically involves subjecting the victim to humiliation and/or requiring them to engage in potentially dangerous, illegal, and/or harmful activities. Colleges and universities take hazing accusations seriously and discipline these actions severely.
Retaliation
Retaliation is the action of striking back or taking revenge. In a college or university context, retaliation is any adverse action, threat, or harassment levied against a student who has made a good faith report of misconduct, has been reported for misconduct, or is participating in the student conduct process. Any act that intimidates another in response to these circumstances constitutes retaliation.
Cyber Harassment
In today’s digital age, the use of the Internet, including social media, email, text messaging, and other digital platforms, can be leveraged to harass, bully, retaliate against, or stalk another person. Such virtual actions aimed at intimidating another person fall under the category of cyber harassment.
Title IX Violations
Title IX is a federal law that prohibits gender discrimination, including sexual harassment and misconduct, on the campus of any school that receives federal funds. While originally designed to protect athletes from gender discrimination, its definition has been extended to include acts of sexual misconduct (including both harassment and assault) perpetrated by one student upon another. Title IX violations are dealt with by a designated department at the school, and they frequently result in penalties like suspension or expulsion.
The Disciplinary Process
If you’re a college/university student accused of a misconduct violation that involves causing harm, the school will follow a prescribed protocol for addressing the issue. For most schools, the process follows a path similar to the below:
- Allegation or Complaint: A student, faculty member, or other staff member will make a complaint to the school alleging your misconduct.
- Investigation: Educational authorities will undertake a thorough investigation, which may include collecting evidence, interviewing parties involved, and reviewing pertinent documentation.
- Hearing: School Authorities will hold either informal or formal hearings (and sometimes both) to present their evidence and allow you the opportunity to defend yourself.
- Determination: At the conclusion of the hearing, the disciplinary panel will determine whether you are responsible for the misconduct and decide on an appropriate punishment.
- Appeal: You have the right to appeal an adverse decision before it takes effect.
The LLF National Law Firm Team: Protecting Your Educational Prospects
Don’t underestimate the possible damage an allegation of wrongdoing can do to your academic career–especially a charge of causing harm to others. Colleges and universities are under pressure to take swift action against these allegations for fear of liability, and there’s a risk that your rights could be violated in the process. Your best hope of a fair outcome is with the help of an education law attorney. The LLF National Law Firm’s Student Defense Team brings extensive experience in defending students across the nation against accusations of causing harm and other misconduct violations. Contact us today at 888-535-3686, or reach out using our online form to protect your academic future.