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Understanding Evidence at a Student Conduct Hearing

Law Offices of Andrew C. Janecki May 8, 2023

Evidence inscription on the missing puzzleEducational institutions across California, including universities and colleges, usually establish a code of conduct that all students must adhere to. Essentially, a student may be subject to different sanctions for violating the institution’s code of conduct. In most cases, a student conduct hearing will be scheduled to assess the facts of the alleged violation, evaluate available evidence, and determine whether or not you committed the alleged misconduct or violation. 

At the Law Offices of Andrew C. Janecki, I have devoted my career to protecting students accused of misconduct from the worst possible situation. As a knowledgeable California student conduct defense attorney, I can evaluate the surrounding facts of your case and enlighten you about how evidence may be used at the student conduct hearing. In addition, I will fight vigorously for your legal rights and help you achieve the most favorable outcome for your unique situation. My firm proudly serves clients across Santa Cruz, Berkeley, San Francisco, San Jose, and Palo Alto, California. 

What Is a Student Conduct Hearing? 

A student conduct hearing is an internal or informal hearing that is scheduled by an institution to determine whether a student has violated the institution’s code of conduct. The student conduct hearing is often scheduled once the institution receives a report of an alleged violation or misconduct. 

During the student conduct hearing, the officers will investigate the alleged misconduct, review all of the available facts, and evaluate the evidence presented by both parties. However, an attorney cannot represent you at the hearing. 

The Importance of Using the Right Evidence  

Furthermore, when accused of student misconduct or code of conduct violation, evidence is crucial to prove or disprove the allegations against you. Depending on the available evidence, you may be able to shed more light on the alleged violation.  

Such evidence may be a statement of fact or material item to establish the truth about the alleged misconduct. Hence, it is important that you use the right evidence to support your claims and fight to ensure that you do not suffer the possible repercussions of a wrongful allegation. 

Types of Evidence  

Having the right evidence is crucial in your student conduct hearing. However, every case is unique, and the type of evidence that may be used at the student conduct hearing usually varies, depending on the university or college and the alleged misconduct. Here are some types of evidence that may be used at the student conduct hearing: 

  • text messages 

  • social media posts 

  • toxicology report 

  • photos 

  • polygraph examination 

  • videos, including surveillance footage 

  • medical records 

  • witness statements and testimonies 

  • other forensic evaluations 

While you may be unable to bring your attorney or parents to the student conduct hearing, you are still entitled to an adviser who can advise you during the internal proceedings. A trusted legal counsel can assess every aspect of your unique circumstances, gather substantial facts and evidence, and prepare you extensively for the student conduct hearing. 

Evidence Prior to the Hearing 

Before the student conduct hearing, the accused student must submit evidence to the hearing board. The board will prepare various questions based on the evidence submitted by both sides. Once the hearing is scheduled, the hearing committee will notify both the complainant and the respondent and provide more details about the hearing. 

What’s more, a pre-hearing conference may be organized for both sides to exchange and review available evidence. Also, the accused student will be able to understand the alleged violations or allegations made against them. 

At the student conduct hearing, both sides will make opening statements. The hearing committee will evaluate the available evidence and question the witnesses. Lastly, both parties will make closing statements. In addition to the available evidence, your ability to make convincing opening and closing statements improves your prospects of a favorable outcome. 

Why Evidence Is Crucial for Your Hearing  

Additionally, it is important that you gather substantial evidence and facts for your student conduct hearing. Generally, the evidence presented at the hearing can affect the outcome of your case. Depending on the strength or weakness of your case, the hearing committee may find you liable for the alleged misconduct, or the charges against you may be dropped or dismissed. 

Unfortunately, allegations of student misconduct can expose your liberty, education, future, and career to possible risks and jeopardy. Therefore, hiring an experienced student conduct defense attorney is imperative to help you gather substantial evidence and coach you extensively for your student conduct hearing. 

Work With an Experienced Attorney  

Facing allegations of student misconduct can be a terrifying experience. With every aspect of your life and future at risk, getting detailed advocacy is crucial to ensure that you do not suffer the possible repercussions. With over 20 years of extensive experience, I have the knowledge and diligence to advise and guide clients in their student conduct hearing. 

Using my extensive knowledge, I will investigate every detail of your personal situation, gather substantial facts, and outline an effective strategy tailored to your unique circumstances. Also, I will prepare you for your student conduct hearing and improve your prospects of the most favorable outcome in your case. 

If you are facing allegations of violating a code of conduct, contact me at the Law Offices of Andrew C. Janecki today to schedule a simple case assessment. I can offer you the highly-personalized legal counsel and reliable advocacy you need in your case. My firm proudly serves clients across Santa Cruz, Berkeley, San Francisco, San Jose, and Palo Alto, California.