As we've noted in several recent Lento Law Firm Student Discipline Defense blog posts, disciplinary procedures followed by colleges across the country are coming under fire on a number of grounds. A recent case from the University of Illinois highlighted yet another instance of school disciplinary overreach. If you believe your school is unfairly attempting to discipline you, contact the Lento Law Firm Student Defense Team for help at 888.535.3686 or by using our contact form to set up a confidential consultation.   

The University of Illinois Suspends a Basketball Player from the Team 

Terrence Shannon, a highly-regarded member of the “Fighting Illini” men's varsity basketball team, was “temporarily” suspended by the university from the team after the school was notified that a warrant had been issued for his arrest in Kansas on sex crime charges. Shannon vigorously disputed the charges, which had not been resolved at the time of his suspension. He also filed a motion for a preliminary injunction against the university that sought to overturn his suspension on several grounds.  

Not a Typical Disciplinary Proceeding 

The school did not suspend Shannon based on the outcome of a regular disciplinary proceeding that might occur in a situation where the alleged misconduct had occurred on campus or at a campus event. Instead, it used a different procedure set forth in the school's Division of Intercollegiate Athletics (DIA) student-athlete handbook. It was this procedure that the court, considering Shannon's preliminary injunction request, held was likely defective.  

Problems With Shannon's Suspension 

The court found a number of problems with the DIA procedure used by the University of Illinois to suspend Shannon from the team (he was not suspended from the school, nor was his scholarship revoked). In particular, the court decision in Shannon's favor highlighted the following:  

• Shannon was only allowed to submit evidence on his own behalf in the form of a written statement and documents; he was not allowed to testify before the panel deciding whether to suspend him 
• The identity of his alleged victim was not disclosed to him, nor was he able to review any of the evidence against him 
• The panel did not investigate Shannon's alleged offense, nor did it consider a written statement from the alleged victim or consider its credibility  
• Shannon was not permitted to attend the hearing, and he received no transcript or recording of the proceedings 
• The panel's decision to suspend Shannon was not supported by a written decision or any findings of fact  
• There was no way for Shannon to appeal the suspension 

The judge also found that Shannon was likely to be irreparably harmed by the suspension even though it was “temporary,” given that the Kansas criminal case is unlikely to be resolved before the end of the basketball season; that Shannon is an NBA draft prospect; and that Shannon's income from his “Name, Image, and Likeness” contract was jeopardized by the suspension.  

The Lento Law Firm Student Defense Team Can Help Protect Your Rights 

Colleges and universities are learning that many of their disciplinary procedures fail to protect the rights of the students accused of misconduct. This comes as no surprise to the Lento Law Firm Student Defense Team; we have seen case after case where school policies were unfair to our clients, both in how they were written and in how they were applied by the school.  

If you've been accused of serious misconduct by your college or university, the Lento Law Firm Student Defense Team can help you protect your rights and defend your future. Call us today at 888.535.3686 or use our contact form to schedule a consultation to learn more.