Legal Question in Education Law in California

What is the best way to handle a college student misconduct hearing. It appears

That they have already decided what they have intended to do

Its like a hearing is a formality and no matter what they have no intention of

Determining any misconduct was done.


Asked on 9/20/12, 9:09 pm

1 Answer from Attorneys

Andrew Harrell W. Andrew Harrell, Attorney at Law

Based on my more than 40 years in academia, I think I can safely say that most "misconduct" hearings, particularly in California, are either incompetently conducted or unfairly conducted. I couldn't tell from your question whether you are a witness, complainant or respondent. If a college or university violates the "rules" and procedures of the hearing process, or otherwise handle the hearing process unfairly, you can go to court for review. The process is expensive and public funded universities in California are delighted to spend public money to fight you. If this is a private college, then the situation is worse. Let me know if I can help.

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Answered on 9/20/12, 10:00 pm


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