What are the student’s rights during the suspension or expulsion process while in college or university in California?
Each college or university system has their own rules and rights with respect to school discipline. However, there are many similarities. The student always has a right to be informed of the allegations and evidence against them. The student will have a right to an advisor which may be an attorney if the student is charged with a felony or facing dismissal. The student also has a right to review the evidence, present evidence, and make a statement in his/her own defense. The right to a hearing varies and will depend on the allegation and the school policies.
What are frequent challenges faced by students during the suspension or expulsion process while in college or university?
First, while the student is allowed an advisor or attorney, the advisor or attorney cannot speak for the student; they can only advise the student and give them information or questions they themself have to share or ask. Second, often a student facing suspension or dismissal can review evidence but not obtain copies of it. A student additionally may have a limited right to confront or cross-examine accusers and witnesses. Finally, there is also often no right to a hearing during the suspension or dismissal process, which means there may be only one person investigating, deciding the student’s guilt, and imposing the punishment. This may deprive the student of an impartial hearing officer evaluating the investigation.
Can Moore Law for Children help me navigate this process?
If you or your child is facing school discipline and you want to learn more about your rights, the experienced attorneys at Moore Law for Children can help you navigate your situation. Moore Law for Children serves clients in all of California including the greater Orange County and Los Angeles areas. Call # now to schedule a consultation with one of our attorneys.