HOW A CRIME AFFECTS YOUR ACADEMIC LIFE
For college students, getting charged with a crime can affect their lives in many, many ways.
The criminal charge puts the student's freedom on the line. It causes problems and stress with the student's family. It can also cause significant penalties with the student's college or university --including, but not limited to, expulsion.
Most colleges and universities have Student Conduct Policies. These policies vary, but are pretty similar when it comes to criminal allegations. They are usually very long and detailed and lay out the procedures that govern violations of the policy or policies.
Some schools will wait until a criminal charge is resolved before bringing academic charges against a student. These colleges believe in waiting for the criminal justice system to play itself out before imposing discipline. However, other universities will impose their discipline when a criminal charge is brought --and NOT wait for the system to resolve the crime. There is no standard for this concept and each school is free to discipline it's students as it chooses.
I will lay out parts of the Ithaca College and Cornell University policies below...
At Ithaca College, the student is allowed an administrative hearing as described here:
"7.1.2.2.10 Right to a Hearing on Campus
As amended by the Ithaca College Board of Trustees May 21, 2011 and May 16, 2014.
All students accused of violations of the "Statement of Responsibilities" (below) will be guaranteed written notice of charges and have the right to a hearing. This right includes adequate notice of hearing, information concerning the evidence against them, the opportunity to present evidence in their own behalf, and written notice of the decision. Students should be aware that the judicial process is different from criminal and civil court proceedings. Procedures and rights in the judicial process are conducted with fairness to all, but may not include the same protections of due process accorded by a court of law. Decisions will be made based on preponderance of evidence showing that it is more likely than not that a student was responsible for a violation. If a student with a disability needs a reasonable accommodation in order to participate in any aspect of the judicial process, including an individual judicial hearing or a Conduct Review Board, then the student must submit a request through the Office of Academic Support Services for Students with Disabilities."
The important thing to notice at IC is that their policy is proving guilt by a preponderance of the evidence standard. So, hypothetically, you could positively resolve a criminal case in court where "beyond a reasonable doubt' is the standard, and still be kicked out of college using the lesser "preponderance of the evidence" standard (which is much easier to prove).
At Cornell University, the Student Code of Conduct is very, very long and detailed... here's
a snippet:
"A. Basic Policies on University Conduct Regulation in Relation to Public Law Enforcement
The following basic policies will apply in situations where misconduct violates both a
University conduct regulation and the public law:
1. The following kinds of offenses are adjudicated in the public courts: all felonies,
controlled substance offenses, motor vehicle moving violations, assaults upon a peace officer
or resisting arrest, refusals by persons to identify themselves, as well as cases in which the
complainant wishes to proceed in the courts and cases involving accused persons who are not
members of the University community. Still, the Judicial Administrator has discretion to
pursue even serious breaches of the law under the Campus Code of Conduct. Timely dealing
with alleged misconduct is vital. Nevertheless, the Judicial Administrator should consider
whether justice counsels withholding the exercise of University jurisdiction until public
officials have disposed of the case by conviction or otherwise.
2. When the Judicial Administrator determines that misconduct does not constitute a
serious breach of the law and that the interests of justice would be served by handling such
misconduct within the University jurisdiction, he or she shall:
a. attempt to exercise jurisdiction in a manner to avoid dual punishment for the same act;
b. cooperate with public officials so that the exercise of University jurisdiction ordinarily
will not be followed by public prosecution of the individual’s misconduct; and
c. withhold the exercise of University jurisdiction, when prompt public prosecution is
anticipated or is under way, until public officials have disposed of the case by conviction
or otherwise."
Basically, Cornell leaves itself the option to prosecute the student after criminal charges are resolved in the court system OR beforehand...depending on the case. The university can do whatever it deems necessary given the situation. This is pretty typical.
--SUMMARY THOUGHTS--
If you are an Ithaca College student or Cornell University student and are charged with a crime, be sure to understand the academic discipline you are facing as well as the charges in court. Both can profoundly affect your life and more importantly, your future.
BY: Attorney Mike Cyr
P: 607-229-5184
E: mike.ithacadwi@gmail.com
Twitter: @ithacadwi
