Thursday, July 25, 2019

"Rock and a Hard Place"- Due Process and Universities  

The Stones knew what they were talking about in this gem of a song. Students accused of crimes or university infractions are in a delicate situation, or between a rock and a hard place, when it comes to the due process rights they are allegedly provided by universities. While the universities, such as Indiana University, Purdue University, or other major universities are required to provide Due Process, do they really? 

When a student can be kicked out of school with hearsay evidence, without the ability to confront witnesses against him/her, without a representative to ask questions on his//her behalf, due process appears to have been thrown under the proverbial bus.  Students are thrown into a quickly thrown together university proceeding without care for their potential criminal case ramifications. They are not allowed to question the authority of hearsay documents provided in the university proceedings and often not provided names of the parties accusing them of whatever misdeeds the university spokespeople indicate.

The Title IX sexual misconduct cases are particularly heinous, in that one accusation, with little back-up causes a person to be expelled and listed a predator without much in the way of evidence or confrontation. The university systems have gone from a failure to protect sexual violence victims to allowing the rights of many to be violated.

All in all, when faced with any sort of University Charges, speaking to an attorney who works on those types of cases is often a good idea. It is important to ensure your rights are preserved and that you are not compromising any co-ocurring criminal case.  Universities generally indicate they want these proceedings to be a learning experience; however, they have huge implications in the future of a student's education and life. Don't get your self stuck between a rock and a hard place. Work for your due process rights and ensure you are provided the rights you deserve as a human.  It's hard often hard to know what rights you ought to have, especially when your learning institution should be a trustworthy source of information...

*The opinions expressed are of the blogger only and were not intended as legal advice or as an avenue to open a lawyer-client relationship.

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