Close to 30 years ago, the movie Higher Learning confronted of different issues of university student life, especially as they relate to all kinds of prejudice: sexual, racial, social included. Racial prejudice was one of the main themes, and as much as things change, they also stay the same as students of different backgrounds unfortunately do not always mesh on college campuses.

Recently, swastikas were found drawn in dorms across campus at Queens University of Charlotte, including on whiteboards in the residence hall common space and on the dorm doors of two individual students. Queens University has taken these acts very seriously, posting additional security officers and asking for police assistance, and stated that it does not represent the institution or its values at all.

What Happens if You are Accused of a Hate Crime on Campus

While a doodled drawing might not seem like a big deal, drawing a swastika on a Jewish student's dorm room door is a serious offense that could land you in front of a disciplinary hearing board. Many students do not understand the nuances of the First Amendment's freedom of speech. For instance, they confuse being able to wear pieces of clothing with racist symbols on it - like a swastika or a KKK garment (all acceptable under the freedom of speech), with utilizing those symbols to threaten a person. Neo-Nazis in America have the right to wear armbands with swastikas, but they do not have the right to threaten minorities. Similarly, the students at Queens University have the right to draw a swastika for themselves or wear one on their clothing, but the moment they drew it on the dorm room door of two Jewish students it became a threat, which is not covered by the First Amendment. The freedom of speech does not extend to threats, whether or not they are direct or indirect, verbal or nonverbal.

Students accused of such things will be brought before a disciplinary hearing board at most universities across the country. Generally, the university will begin by delivering notice that such an allegation has been made and then launch an investigation to determine if the allegations have any credence. If they do, the university will again notify the accused student and specify a date and time they should prepare to defend themselves.

Disciplinary Hearing

Many students do not take disciplinary hearings very seriously. They fail to prepare fully and instead opt to “wing” their defense. Unfortunately, these students are usually unnecessarily dismissed from their universities and spend their lives contending with the ramifications.

It is important to fully prepare both for the investigation and your hearing if one is convened as it is your best chance to explain yourself. During the hearing, you will be given the opportunity to present relevant evidence and witnesses to testify on your behalf. When you have been heard fully, the hearing board will meet separately to determine whether you are, in fact, responsible for the action.

If you are found responsible, you will be given specific instructions on how to appeal it. Usually, you have just a few days to submit your appeal, and it can only be made for very particular reasons. At many schools, another deciding body will review your appeal and determine if the university should modify its decision or throw it out completely.

How an Attorney Advisor Can Help

Attorney Joseph D. Lento and the Lento Law Firm have spent years working with students accused of disciplinary issues. They have the experience and fighting attitude to help you not only navigate the accusations and hearing process but also ensure the best possible outcome for your case. Call 888-535-3686 today or schedule a consultation online. You do not, and should not have to, weather this storm alone. Attorney Lento can help.