Have you ever watched an episode of a television show where a student gets caught cheating and wondered if the process they go through is realistic? Or what about students who are sexually assaulted by a classmate—do their principals follow the guidelines for Title IX proceedings? Below we will discuss some of the more famous television episodes on academic and sexual misconduct in high schools and colleges, and what the writers got right, and what they got wrong. Then we will go into how a real attorney-advisor can help.
What is Title IX?
To begin, Title IX is a federal regulation that stipulates how schools that receive federal funding must handle accusations of gender-based discrimination, including sexual misconduct. If a university or high school does not follow the specific guidelines included in Title IX, it could lose its federal funding.
What is academic misconduct?
Academic misconduct is a broad definition that changes from school to school, but generally, it includes any action that would give a student an unfair advantage over other students, such as cheating, plagiarism, fabrication, or turning in one assignment for multiple courses. Your university or high school will usually have specific definitions listed in your code of conduct or student handbook.
Additionally, academic misconduct can include other actions like disrupting the peace on campus, underage drinking, and theft.
Popular Examples of Student Defense on TV
Modern Family
In the episode titled, “Arrested,” Haley Dunphrey was drinking at a party when the cops showed up. She is arrested after assaulting a police officer and resisting arrest from another police officer. After being bailed out of jail, she is must appear before her university's disciplinary board, which will determine how she will be punished.
During the hearing, Haley's uncle Mitchell tried to speak on her behalf, but the student representative on the disciplinary hearing board told him that attorneys were not allowed to be there. Unfortunately, Haley does not defend herself very well, or at all, and instead blurts out all the illegal things she has done since arriving at college, and she is ultimately expelled.
In real life though, attorneys are absolutely allowed to help students prepare for their hearings, and most schools permit them to attend and speak on a student's behalf. Had Modern Family followed in the footsteps of the majority of schools in the United States, Haley would have had ample time to prepare before her meeting with the disciplinary board, and Mitchell would have been able to advise her on how to defend herself. Even if the lawyer was not allowed in the room, Haley would have been much better prepared.
The Good Wife
In early 2014, there was an episode of this iconic legal drama that discussed sexual assault on campus and portrayed the lack of due process for students. Alicia, the main protagonist, is representing a student who was allegedly raped by a fellow student. At the disciplinary hearing she, like Mitchell in Modern Family, attempts to show that the woman's rights have been violated but is told that attorneys aren't allowed to speak during the proceedings.
While on break from the hearing, Alicia coaches the girl on how to defend herself and even sends her texts throughout the proceedings with advice on how to ask or answer a question. As we stated above, some schools have similar policies that do not allow attorney-advisors to speak on behalf of their students. Even so, an attorney can still lend valuable assistance when due process is threatened, as this episode showcased.
How an Attorney-Advisor Can Help
Attorney Joseph D. Lento and Lento Law Firm have spent years helping students across the United States in similar situations as these characters have found themselves. They have the experience and skill to guarantee you the best possible outcome for your case. Call 888-535-3686 today, or schedule a consultation online.
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