You’re a college student. You have things to say. Not all of them are necessarily wise. A few of them may actually be offensive. After all, you’re what? 19? 20? You’re almost obligated to say stupid things. It’s part of your education.
You’d think American University would know what to expect from its undergraduates. Certainly, many faculty and administrators do recognize that their students are going to make mistakes. Just because someone decides to make a boneheaded remark in class or wear a provocative T-shirt to the dorm luau isn’t a reason to call out the National Guard. You can never tell, though, when someone will get riled up over something you say and lodge a disciplinary misconduct complaint against you.
If it happens, we can help. The LLF National Law Firm’s Student Defense Team exists to protect student rights. We’ve helped hundreds of students defend themselves, and we are familiar with American University’s disciplinary policies and procedures. We’ll use every resource at our disposal to defend your rights and your interests.
First, though, you have to contact us. Call 888-535-3686 today to find out how we can help with your case, or take a few minutes right now and fill out one of our online forms.
Defining Free Speech at American University
Let’s start by talking about American University’s free speech policy. How does the university define your First Amendment rights?
AU’s policy on “Freedom of Expression and Expressive Conduct” begins promisingly with a list of the various kinds of speech acts the university protects. By the second paragraph, however, this document has muddied the waters by emphasizing the “limits” and “responsibilities” of free expression. Among these limits,
- AU reserves the right to restrict speech it deems harassment, incitement to illegal activities, or threatening to anyone’s health and safety.
- AU makes clear that campus members have the “responsibility to use expression in ways consistent with our shared values of community, inquiry, human dignity, and inclusive excellence.”
- AU notes that invited speakers should provide “thoughtful, educational, and engaging experiences.”
- AU prohibits demonstration and speech that interferes with the normal operation of the university.
Right away, you may notice that many of these restrictions involve ambiguous terms. What exactly qualifies as interfering with the university’s operation, for instance? And how can you know whether or not your words conflict with the campus community’s “shared values”? Ultimately, you can’t, which is why so many students run afoul of policies like these every semester.
If you’ve found yourself in trouble at American University, the LLF National Law Firm is here to help. We’re always on your side and committed to protecting your rights as a student.
Rules and Regulations
American University can’t simply make up rules and impose penalties on a whim. If you’re in trouble over something you’ve said or some action you’ve taken that’s caused offense, you can be sure AU will find some Student Code of Conduct violation with which to charge you. The most likely options include,
- Threats: Of course, universities should prohibit students from making genuine threats. However, the definition of “threat” can be stretched to include lots of statements that are simply offensive.
- Discrimination and Harassment: Likewise, there are important reasons why the federal government tasks AU and other universities with protecting individuals from discrimination and harassment. When such protections are interpreted too broadly, though, they can be used to silence speech just because someone doesn’t like it.
- Disorderly Conduct: Even if the words you use can’t get you into trouble, how you deliver them could. Disorderly conduct can apply to any disruption of normal university operations.
It doesn’t really matter what the specific charge is–if you’ve been accused of violating some university policy because you said something someone disliked, we can help. We know AU policies and procedures, and we can show you how to use them to your benefit.
The Disciplinary System at American University
The first thing you need to know is that you can fight any charges AU might throw at you. In fact, the university is obligated to provide you with some important due process protections to help you in your fight.
Here’s how the disciplinary process at AU works.
- Disciplinary misconduct complaints are handled by the Student Accounting and Restorative Practices office. This office makes the initiation decision whether to issue a formal charge.
- If you’ve been charged, the Student Accounting office must provide you with notice of those charges. This notice should include a complete list of your rights as well as an explanation of the charge itself.
- Next, the university conducts an investigation into the matter, whether formal or informal. As part of this investigation, you should be invited to meet with investigators and provide any evidence you might have. Throughout the investigation, you have the right to review any evidence investigators uncover.
- Once the investigation is complete, the Student Accounting office sets a time and date for a hearing.
- Hearings occur before a Hearing Panel. Both sides have an opportunity to make their cases through evidence and witness testimony. You may also raise questions for anyone testifying against you.
- The Hearing Panel must ultimately decide whether there is a preponderance of evidence against you. According to this standard, you are responsible (guilty) if it seems “more likely than not” that you committed an offense.
- If you’re found not responsible, your case is over. If you are found responsible, you can file an appeal if you can show that you were denied a fair chance to make your case during the hearing.
American University requires students to speak for themselves during investigations and hearings. However, no one can prevent you from consulting with an attorney. The LLF National Law Firm attorney can make sure you’re fully prepared for everything you face, from investigative interviews to cross-examining witnesses. Most importantly, it’s their job to ensure you’re treated fairly throughout the process and that the university respects all of your due process rights.
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 American University provides you with a just resolution. 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.