When you become the target of university disciplinary proceedings, understanding a Washington DC university’s code of conduct can be essential to your ability to protect yourself throughout those proceedings. The conduct code determines how the investigation against an individual will progress, what rights they have, and any procedures for appealing an adverse or negative finding of misconduct. As a result, having legal counsel from the outset of any code of conduct investigation and proceedings might be instrumental in protecting your rights.
While you might assume that university conduct code proceedings are similar to criminal proceedings in terms of a person’s rights and protections, this is simply not the case. Important differences distinguish the two types of investigations and proceedings, some of which might not be beneficial to an accused individual’s interests. Therefore, if you are facing allegations of misconduct, an experienced and steadfast defense lawyer may be able to ensure that you understand and protect your rights at every stage of the process.
Understanding a code of conduct at a university in Washington DC can be crucial because it outlines the procedures that the school must follow to conduct an investigation after receiving a complaint. Every school code of conduct differs somewhat, so making assumptions about how the investigation will proceed is unwise. Knowledge of these procedures also may allow accused students to challenge the investigation that occurs if school officials fail to follow their own established procedures.
One major factor in Title IX and other student conduct code violations may be the person assigned to conduct the investigation. While criminal investigations typically rely on law enforcement investigators who have specific training in gathering all the information necessary to make a correct decision about a complaint, this is not always the case in student disciplinary investigations.
Instead, university investigations into student misconduct may rely on a Title IX coordinator or another administrative official who is ill-equipped and not trained for the importance of the task.
Another consideration in conduct code investigations and proceedings is the due process rights of the accused throughout the process. Understanding a Washington DC code of conduct at a university is essential to knowing what rights accused persons have during conduct code proceedings. While individuals might assume that they have due process rights like those in criminal prosecutions, the fact is that they enjoy only those due process rights outlined in the student conduct code, which tend to be limited, at best.
One notable distinction between the due process rights of individuals in criminal court and in most student conduct code proceedings is the absence of the right to counsel. While some conduct code proceeding permits a “support person” or even provide a university “advisor” to accompany students accused of misconduct, the role of these individuals often is restricted to offering moral support to the accused, rather than any form of meaningful advocacy.
For instance, many student conduct code procedures explicitly ban any support persons, including attorneys, from speaking on behalf of the accused individuals or representing their interests in any way. Another due process right outlined in a university conduct code is the standard of proof that investigators and adjudicators rely on in determining whether student misconduct occurred.
In a criminal proceeding, a conviction occurs only after a judge or jury finds the accused persons guilty beyond a reasonable doubt, which is an extremely high standard. By contrast, the university conduct code may apply much more lenient standards of proof, such as a preponderance of the evidence, or “more likely than not,” or clear and convincing evidence.
Protecting your procedural and substantive rights throughout university conduct code investigations and proceedings is essential to avoiding or minimizing the serious penalties that a finding of misconduct can bring. Understanding a Washington DC university’s code of conduct is the only that you can be fully aware of the procedures that the school should follow in investigating and determining the allegations against you.
Clear awareness and knowledge of a college code of conduct may be essential to holding school officials accountable for their actions in carrying out investigations and findings of misconduct. Obtaining this knowledge may be one of the only ways that you truly can protect yourself in these types of administrative proceedings.
David Benowitz and his firm are the best strategic and compassionate teams you will work with. Mr. Benowitz and his team are diligent and proactive, which is further enhanced by David’s methodic and strategic approach to law. My case was a very complicated and emotionally charged case involving classified information, where I was facing three indictments, two carrying life sentences and one carrying 20 years. Mr. Benowitz utilized a network of lawyers coupled with his own strategy to navigate the case to success! I sincerely recommend David Benowitz quite literally with my life.
I found David to be very dedicated to fighting for your loved one’s rights. I also highly appreciated the fact that David kept us informed and empowered throughout the whole process.
Mr. Benowitz is an incredibly knowledgeable and dedicated professional. His commitments to social justice and community outreach are exemplary. I wholeheartedly recommend him for any matter.