Title IX/Student Discipline

The short answer is YES.

If you are convicted of a drug charge you may become ineligible for student aid. In some cases this ineligibility could be for life. Any federal or state conviction from simple possession to possession with intent to deliver can disqualify you from receiving federal student aid grants and loans. The way the government calculates these disqualifications is dependent on whether or not you were receiving aid at the time of the charges, however there needs to be a valid conviction before your aid can be affected.

How this works.

If you are on summer break and not taking any classes thus not currently receiving any aid and are charged in Pennsylvania for Small Amount of Marijuana. Even if you are convicted sometime later during the fall semester this should not affect your ability to receive federal student aid. This is because you were not currently receiving aid when the violation occurred even though you were convicted during a period of time when you were receiving aid.

However if you are charged in Pennsylvania for Small Amount of Marijuana during the spring semester when you are receiving federal student loans, but are not convicted until over the summer break this would count against you for receiving federal aid in the future; because the offense occurred during a time when you were receiving federal student aid.

In addition if you are determined to be a drug trafficker (in Pennsylvania this would be a felony charge of possession with intent to deliver). The state or federal Judge could specifically deny you federal benefits including federal student loans.

If you received a drug conviction ten years ago that would have meant a total loss of federal aid for life. Now the laws have become less final by creating a tiered system. For a simple possession charge you would become ineligible for aid for one year from the date of conviction. If you are convicted a second time for a possession charge you would face an additional two years of suspension from federal student aid. If you are convicted for a third offense then you would have a lifetime ban. However if you are convicted of the more serious offense such as a felony charge of possession with intent to deliver then the first offense carries a two year suspension, a second conviction would be a lifetime ban.

If you are serving a suspension of your federal aid you can complete a program to regain your eligibility early. First and second offenders can regain their eligibility status for federal aid by completing a drug rehabilitation program that is approved and meets certain requirements; in addition you will have to pass two unannounced drug tests. If you are able to regain your eligibility early it is important that you work with the financial aid office at your school to start receiving loans again.

Obviously the best way to prevent any of these issues is to not be convicted at all. If there is no conviction then there is no strike against your eligibility to receive Federal student aid.

It is extremely important to contact an experienced law firm right away if you or someone you know is facing criminal charges in Pennsylvania. If you, your son, daughter, or loved one in Pennsylvania has been arrested for a crime in state or federal court in Pennsylvania you need legal representation Here at Manchester and Associates we represent people across the Commonwealth of Pennsylvania. For a free consultation we can be contacted at 1-800-243-4878.

The Office for Civil Rights has described specific forms of sexual misconduct that is prohibited under Title IX.

In order to provide you with more information about Title IX, we have outlined the most common examples below.

Rape/Sexual Assault

This is the clearest and most commonly thought of form of sexual violence. Intercourse, and any other sexual act, requires consent. Without consent, a student could be accused of rape or sexual assault.

Drugs and alcohol, which are extremely common at college, can easily muddy the waters on consent: According to the Office of Civil Rights, a student may be deemed incapable of giving consent because they were intoxicated. This means that even if you have intercourse with someone who seemed to be consenting at the time, it is possible for that person to claim they were severely intoxicated, and a Title Nine Sexual Assault investigation may be brought.

Sexual Coercion

Sexual coercion is a Title Nine violation and is similar to sexual assault, as it takes place without the victim’s consent. The difference between sexual coercion and sexual assault is that sexual coercion focuses on the use of verbal or emotional pressure put on the victim. However, it may also include physical force in an attempt to persuade the victim into sexual activity. In addition, drugs or alcohol can further speak to whether an alleged victim was coerced.

Videotaping/Taking Pictures

It would be difficult to find even one college student without a smartphone these days. It is important to keep in mind that videotaping or taking pictures of sexual activity, or the other person while naked, is a Title Nine violation if you did not have the other person’s consent. This includes taking videos or pictures on Snapchat where the content will disappear after a few seconds. Remember, Title Nine uses the lower, preponderance of evidence, standard of proof. This means that you could be found guilty of Title Nine sexual misconduct even if witnesses say you sent them such content, even if the proof has disappeared.

Free Consultation | We’ll Fight For You

If you have been accused of Title Nine Sexual Assault, Brian Manchester will fight for you every step of the way and ensure you receive aggressive representation. For a free consultation we can be contacted at 1-800-243-4878.

 

Students accused of sexual misconduct will get stronger due process protections under sweeping federal rules announced on May 6, 2020. Title-IX-Final-Rules This is a very positive thing for students accused of sexual misconduct.

When someone is accused of a crime, they have the right to confront their accusers in court. They have the right to cross-examine witnesses. Hearsay evidence is not allowed. They have a right to an attorney, and they are afforded the presumption of innocence. The burden of proof is on the government and the standard is beyond a reasonable doubt. In a criminal case, the defendant has a right to discovery. Discovery being all of the evidence the government is using against them must be disclosed to the defendant.

In a Title IX Sexual Misconduct Hearing before May 6, 2020, basically none of those rights were afforded to a person accused of sexual misconduct. The 6^th Amendment to the Constitution of The United States guaranteed the right to an attorney. The founding fathers of our country felt so strongly about that they put it in The Bill of Rights. Well, college disciplinary boards laughed at that. They gave the accused student a right to an “advocate” but almost every college in the United States refused a student the right to have a lawyer be their advocate. The very group of people trained to represent people accused of misconduct were purposely excluded from participating in the proceedings. At best, some colleges allowed a lawyer to be present at a disciplinary hearing and the only thing they could do is answer their client’s questions. The student had to ask their own questions. Totally ridiculous. However, that is now changed. Students can now hire lawyers to be their advocate and the lawyers are allowed to ask the questions. This is a huge victory.

Among other significant changes in the rules are:

• The burden of proof remains on the school and not the student accused.

• Schools must allow equal opportunity for both the accuser and the accused to present fact and expert witnesses.

• Schools must send both parties copies of the evidence directly related to the investigation and allow them no less than 10 days to inspect, review, and respond to the evidence.

• Schools must send both parties a copy of the investigative report with at least 10 days to review and respond to that report.

• Live hearings with cross-examination are required for post-secondary schools

• The hearing panel must permit each party’s advisor to ask the other party and their witnesses all relevant questions and follow-up questions including those challenging credibility.

• If either the student accused, their accuser, or their witnesses do not submit to cross-examination at a live hearing the hearing panel must not rely on any statement made by that person and they can not make any inference by that person’s absence.

• Schools must create audio or audiovisual recordings of the live hearing.

These rules may sound like a no-brainer and of course these rules should be in place. Take it from a lawyer who has represented students in College disciplinary hearings accused of sexual misconduct. These rules are refreshing to have. So called “hearings” in the past were nothing more than long slow findings of violations. Now with these new rules in place hearings will be fairer. However, make no mistake, the people who work for the universities and the hearing officers in these cases, usually university employees, have a vested interest in cracking down on sexual misconduct. A college’s funding can be put in jeopardy if they are not in compliance.

Sexual misconduct allegations should be investigated and fought just the same as if criminal charges were filed. In a lot of cases, sexual misconduct proceedings take place at the same time as criminal charges. Now that the rules allow for legal representation at misconduct hearings, these hearings and the reports generated by the university investigator can be used as a tool to help in the criminal case. So, it is very important if contacted by a college’s office of student conduct to not make any statement and contact a lawyer immediately. Never think you can just explain what happened and it will go away. If anything speaking to the school’s investigator or a police officer could make it worse.

Every parent wants their child to reach their full potential. However, your child’s future can be seriously compromised if he or she is accused of committing a crime, or accused of violating a high school, college, or university’s Code of Conduct. Depending on the type of allegation, your child may be required to attend a student disciplinary hearing and could potentially be criminally prosecuted. Irrespective of whether the allegations are mere violations of school policy or involve breaking state or federal law, your child needs aggressive legal representation to preserve and defend their future if charged with student crimes.

Common Student Crimes

Student disciplinary hearings can stem from behavior either on or off campus. The hearing may be instigated in one of several ways, for instance, an investigation by the Office of Student Conduct, or by a similar group or department. If the alleged behavior is criminalized, for example, assault, rape, or theft of property, criminal charges may be filed by a prosecutor.

Students are commonly charged with or accused of several code violations and criminal offenses, which can include:

• Alcohol-Related Charges
• Intoxicated Driving
• Public Intoxication
• Underage Drinking
• Drug Possession and Distribution
• Cocaine Possession
• Ecstasy Possession
• LSD Possession
• Marijuana Possession
• Selling Marijuana
• Drunk Driving/Driving Under the Influence (DUI)
• Breathalyzer Refusal
• Marijuana DUI
• Open Container Violations
• Fake ID Charges
• Making Fake IDs
• Selling Fake IDs
• Using a Fake ID to Buy Alcohol
• Sex Crimes
• Rape
• Revenge Porn Offenses
• Sexual Assault
• Statutory Sexual Assault (Statutory Rape)

Other Offenses:

• Bomb Threats
• Cheating
• Disorderly Conduct
• Gun Possession/Possession of Weapons
• Hate Crimes
• Hazing
• Identity Theft
• Plagiarism
• Shoplifting
• Vandalism/Destruction of Property

Penalties for Violating a School’s Code of Conduct

The punishment for violating a student Code of Conduct – or for breaking state or federal laws – is varied and depends on factors like:

• School policies, if the matter is non-criminal.
• The severity of the alleged offense.
• The student’s history and background.
• Whether there were aggravating or mitigating factors.

Depending on the specific policies at the particular academic institution, the school may impose a variety of sanctions ranging from minor punishments to permanent expulsion. These potential punishments could include:

• Expulsion
• Letters of Reprimand
• Probation
• Suspension
• Transcript Notations
• Written Warnings

If law enforcement and prosecutors become involved in the investigation and charges are filed, the student can face much graver consequences. The consequences are particularly grave if the student is 18 or older, and if the charge is especially serious. The penalties for a criminal offense depend largely on whether the crime is a felony, summary offense, or a misdemeanor, as well as the degree of felony or misdemeanor. The criminal penalties for these offenses depends on the severity of the charges, the student’s age and history, and other factors. These penalties could include fines and restitution, mandatory community service, probation, and even jail or prison time. Further, there are certain allegations that cause a juvenile to be charged and tried as an adult.

 

Both parents and students need to remember that every scholastic institution has its own procedure for dealing with student Code of Conduct violations. Hiring a defense attorney who understands the procedures and regulations used at your child’s school is paramount.

If You or a Loved One Are Facing Charges While in School – Call Now!

If your son, daughter, or grandchild was arrested and charged with a crime at college, or is under investigation for suspected violations of their school’s Code of Conduct, defense attorney Brian Manchester is ready to fight aggressively to protect their rights. For a free and confidential legal consultation about a student hearing or criminal charge against a student or minor, contact our law offices at 1-800-243-4878.

Title IX: A Major Issue For Universities

One of the biggest issues affecting universities lately are accusations of sexual assault under Title IX (Nine). Title Nine is a federal civil rights law, and universities will lose their federal funding unless they follow certain Title Nine procedures that seek to prevent sexual harassment and other forms of sexual misconduct on college campuses. Given university funding is on the line, universities are quick to conduct a full investigation even when there is little to no evidence that Title Nine sexual misconduct actually occurred.

Low Burden Of Proof

In addition, the burden of proof for a Title Nine violation is far lower than the “guilty beyond a reasonable doubt” standard seen in criminal trials. Rather, if the disciplinary board determines that it is more probable than not that the Title Nine sexual misconduct took place, the board will bring down a harsh punishment. Given the current always “believe the victim” mantra, an accused may find themselves expelled or suspended from school even if the evidence was nothing more than “she said/he said.”

First 3 Phases Of Disciplinary Process

If you are accused of a Title Nine Sexual Assault Violation, it is important to contact a Title Nine defense attorney as soon as possible.

There are five phases of the Title Nine disciplinary process, and you will want an experienced defense attorney by your side for all of them.

First, staff at the university will file a report and inform the accused student of the allegations, and an investigation will occur whereby students are interviewed as witnesses.

Second, if the university employees determine there is a reasonable chance the Title Nine Sexual Assault violation did occur, the accused will be formally charged and a hearing date will be set.

Third, a hearing will be conducted. This is where the accused student is asked to admit, deny, or remain silent as to the alleged sexual violation. The hearing is not similar to a regular criminal trial and the rules of evidence do not apply.

Certain evidence can be used against you that would otherwise not be admissible in a regular trial. After hearing the evidence, the disciplinary board will then decide whether the accused student is guilty or innocent.

Last 2 Phases Of Disciplinary Process

If the disciplinary board determines that the accused student is guilty of the Title Nine Sexual Assault violation, phase four is for the disciplinary board to render a punishment.

Even if you are found to be guilty, your defense attorney can argue for a more lenient punishment by presenting evidence that raises doubts about the likelihood of your guilt.

The punishment can be anything from expulsion or suspension, to requiring the student to obtain counseling or substance abuse treatment. The university will also commonly hold the accused student’s degree until the student complies with the terms of the punishment.

The final stage is the appeals process. If found guilty, you can appeal to another panel which will be set forth in the university’s code of conduct handbook.

As you can see, Title Nine Sexual Assault violations carry severe punishments, and the process can be arduous. Brian Manchester will fight for you every step of the way and ensure you receive aggressive representation. For a free consultation we can be contacted at 1-800-243-4878.