Look, let’s not beat around the bush. Whatever Fordham University might say to the contrary, the school regularly ranks near the bottom of surveys of First Amendment Rights. That means that it’s far too easy to find yourself in trouble over the things you say. Any disagreement in class, any t-shirt that another student finds offensive, and you can find yourself charged with a misconduct offense. Once you’ve been charged, it’s impossible to know where an investigation may end up, and plenty of students have found themselves suspended and dismissed over far less.

You must take the situation seriously. That means retaining the very best legal help you can. No one works harder for student rights than the LLF National Law Firm’s Student Defense Team. We’ve helped hundreds of students challenge all types of allegations. We know your rights, we know Fordham policy, and we’re dedicated to getting justice for you.

How can the LLF National Law Firm Student Defense Team help with your case? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.

Defining Free Speech at Fordham

Fordham doesn’t actually have a formal free speech policy. If you want to understand the university’s attitude towards First Amendment rights, you have to piece that attitude together by looking at other policies and documents. The results are a little grim.

Fordham’s Speakers Policy, for instance, places a number of key restrictions on scheduling campus lectures. Before you can invite someone to give a talk, you must reserve a room at least three weeks in advance. You must make an official request, and your guest must sign a contract countersigned by the Vice President for Student Affairs. Makes it kind of hard to engage in spontaneous dialogue. Or any dialogue at all, really.

Similarly, the university’s demonstration policy requires you to meet with the Dean of Students before holding any demonstration, and you can expect security personnel to be on hand throughout your event.

In an atmosphere like this, you simply can’t tell when an instructor, an administrator, or another student may take offense at something you say. The next thing you know, you’re the subject of a full-on investigation.

And keep in mind that while you typically think of Fordham as your home—an institution that feeds you, houses you, and educates you—once you are accused of an offense, the university becomes your adversary. You need someone in your corner, looking out for your interests. The LLF National Law Firm is prepared to use every resource at our disposal to ensure you’re treated fairly and that you get a reasonable resolution to your case.

University Rules and Regulations

There’s no such charge as “illegal speaking,” so what exactly does Fordham charge you with if it doesn’t like something you’ve said? Turns out there are several Code of Conduct violations that, when stretched, can be used to punish “unauthorized speech.”

  • Disruption: According to the Code, you can be charged for any action that disrupts normal university operations. That suggests any behavior that is out of the ordinary might qualify.
  • Threats: You can be charged with threatening physical violence against another person. Further, you can be charged for inciting or encouraging someone else to commit violence.
  • Harassment: Federal law protects us from discrimination based on certain characteristics, such as sex, religion, race, national origin, age, and disability status. Fordham takes this further, making any type of harassment a punishable offense.
  • Failure to Comply: You can also be charged with an offense for simply failing to comply with a faculty member’s or an administrator’s directive. You can be charged with failure to present your ID when asked. These kinds of offenses are frequently used to punish students when the university can’t find any other charges.

Whatever the charges, attorneys at the LLF National Law Firm are always on your side. We believe in your fundamental rights, and we’re always ready to fight for them.

Defending Yourself From Charges

Fordham can’t simply charge you with an offense and impose a sanction. Just as in the real world, you have the right to due process. You’re innocent until proven guilty, for instance (“not responsible until proven responsible”). The university needs a preponderance of evidence to find you responsible, and as part of the process, it must give you an opportunity to respond to that evidence.

Here’s what you can expect if you’ve been charged with a misconduct offense.

  • The Dean of Students handles all allegations of misconduct. Once this official has filed official charges, the matter is referred to a Hearing Officer.
  • You should receive formal notice of any charges against you. This notice should outline the complaint and include a complete list of your due process rights.
  • Fordham policy doesn’t mention investigations, but the university needs evidence to substantiate any charges against you. As part of any investigative procedures, you should be invited to give your side of the story, to submit evidence, and to suggest witnesses.
  • Once the investigation is complete, the Dean will set a time and date for a hearing before either the Hearing Officer or the Dean. Note that before such a hearing occurs, you should have a chance to review all evidence uncovered as part of the investigation.
  • At the hearing itself, you offer evidence in support of your innocence, including witness testimony. Because you are “innocent until proven guilty,” though, your most important job is often simply challenging the evidence being used against you.
  • The appointed decision-maker determines your level of responsibility (guilty) using a legal standard known as “preponderance of the evidence.” According to this standard, you are responsible if it seems “more likely than not” that you committed the offense.
  • A “not responsible” outcome means the end of your case. Should you be found “responsible,” you can appeal, but you must have grounds for filing such an appeal. Grounds can include procedural errors, new evidence, and disproportionate sanctions.

Your LLF National Law Firm attorney’s role in this process is to prepare you to represent yourself. They cannot speak for you, but they can help you to find evidence, coach you in responding to investigators, outline your hearing presentation, and file all necessary appeals. Most importantly, it’s their job to ensure you’re treated fairly and that Fordham University respects all of your due process rights.

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.

​Fordham University

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