College is a transformative time for teens and young adults. The experience is often the first time living away from family; and many students face challenges in college. While most mistakes young adults make during this time can be considered learning experiences, sometimes they violate university rules, Title IX, or even the New York criminal law.
As one of the nearly 1 million students enrolled in colleges and universities near Islip, your future is bright. You should not allow a simple mistake to dim it. As a dedicated and aggressive defense attorney, Mike Schillinger handles both formal and informal charges, including those related to hazing, underage or excessive drinking, illicit drug use, sexual harassment, and assault. Whether on campus or in court, Mike is the Islip student defense lawyer who’s going to fight for you.
College and University Codes of Conduct
Most colleges and universities have a code of conduct in place that details prohibited activities and what procedures the school will follow when someone files a complaint against an individual student or a campus organization whose members misbehave.
Once administrators receive a complaint, they begin a resolution process. For example, Hofstra University follows this process:
- Upon receipt of a complaint, a representative from the Office of Community Standards holds an informational meeting with the student accused of violating the code of conduct
- At the meeting, the parties discuss the charges and possible resolutions as well as ask questions
- The student can accept or deny the charges; if they deny the charges, an Administrative Hearing Board or a Student Hearing Board convenes
- At those board hearings, the student can present a defense that may include reviewing evidence, calling witnesses, asking questions of the accuser (if they are present), challenging evidence, and making a closing statement
- After deliberating, the board will determine what sanctions, if any, the school will place on the student; and the Office of Community Standards will notify the student of the board’s determination
At Hofstra, sanctions can include being prohibited from registering for classes for a semester or, in the worst cases, expulsion. Although accused students must conduct their own defense, an Islip attorney such as Mike Schillinger can review evidence, interview witnesses, and be at the student’s side and consult with them at the hearing.
Title IX Violations
Title IX of the Education Amendments of 1972 protects employees and students at publicly funded institutions from sex and gender discrimination. This can include protections from sexual misconduct, bullying, and denial of educational and athletic opportunities based upon sex or gender identity.
Title IX is closely tied to how universities and colleges handle student complaints under their codes of conduct. As in a court of law, the accused person is entitled to due process—or fair treatment during the disciplinary proceedings—and the accuser is entitled to protection and a thorough investigation of the charges. As a tenacious lawyer, Mike understands the gravity of a Title IX or code of conduct violation, and will fight to defend charges against students in Islip.
Although some accusations are only code of conduct infractions, a student could face serious criminal charges for accusations such as sexual assault or date rape. Some schools, such as Hofstra, will proceed with a disciplinary hearing even while criminal charges against the accused student are still pending. It is important to understand how a criminal case can be damaged by a related case in another forum.
Criminal charges should never be taken lightly. Under New York Penal Law § 130.25, rape in the third degree, sometimes known as date rape, can occur if a person engages in sexual intercourse with someone who is intoxicated and is therefore incapable of consenting. Rape in the Third Degree is a Class E felony, with a possible sentence of up to four years in prison. With a wide range of experience handling student defenses cases in Islip, Mike Schillinger is the attorney to go to when facing charges in a courtroom or in a college hearing.
A Student Defense Attorney in Islip Has Your Back on Campus or in Court
While in college, you are on campus to learn, mature, and have fun. Most students complete their college career without running afoul of the school code of conduct or the law—but unfortunate events do sometimes happen, even when they are unintentional. Sometimes, students are even mistakenly accused of a violation they did not commit.
When your future is on the line, it’s imperative that you have someone you trust on your side. Mike understands that being young comes with challenges and believes your mistakes should not define you for the rest of your life. You need someone informed and understanding to guide you: an Islip student defense lawyer can do just that. Call Mike today to see how he can help you fight your case.