Disciplinary hearings at universities are serious matters that can lead to harsh academic consequences such as suspension and expulsion. Sometimes there may also be a criminal prosecution if the university administration or the victim reports the matter to the police. Fortunately, students have the right to seek legal advice and representation from a criminal defense attorney in the face of a disciplinary hearing and should do so immediately upon receiving notice of the hearing.
Academic dishonesty (cheating) is a serious violation at virtually any university or college. Even though cheating rarely draws attention from law enforcement, it can cause serious academic setbacks.
Disciplinary hearings for property crimes (such as theft or vandalism) are grounds for discipline under most school and university conduct codes. Like violent crimes and sexual assault, most property crime allegations on campus can lead to criminal charges. However, the punishments for theft and vandalism are significantly lighter than those associated with a violent crime.
Sexual assault (Rape) is a serious criminal offense. Many colleges and universities take special precautions to protect their students from sexual assault. Unfortunately, heightened concern for victims can compromise the rights of the accused student such that the accused is presumed guilty in this hearing.
If you are accused of harassment, date rape, sexual assault at your college or university or the parent of a college or university student facing any type of disciplinary hearing at high school, college or university throughout the country, do not delay in contacting a Title IX defense lawyer at Binnall Law Group. Your future or that of your college student may well depend on taking prompt action to make sure that due process rights are followed and upheld.
The Role of a Title IX Defense Lawyer. The implications of a Title IX investigation can be far-reaching. Students who have been accused of sexual misconduct may be forced to undergo more than a year of investigations, hearings, and other disciplinary procedures that could eat away at time that could have been spent on more productive matters.
If you or your son or daughter are facing Title IX allegations of sexual wrongdoing by a college or university, call the lawyers at Binnall Law Group immediately. Our Alexandria, Virginia Title IX defense attorneys represent students at schools and in courtrooms around the United States to ensure that due process is followed by campus investigators and officials before a potentially life-altering decision is handed down.
In evaluating claims relating to students and their sexual assault and misconduct, schools are required to engage in extensive and quite comprehensive investigations. They interview suspects, collect statements from any witnesses, gather evidence, and provide the accused student with a fair hearing before a neutral tribunal.
Essentially, sexual misconduct (i.e., sexual assault, rape, harassment, etc.) has been deemed a form of discrimination under Title IX that is sufficiently severe that it prevents the affected student from properly participating in their educational program and accessing the benefits accrued from such participation.
State the reason why you do not agree with the judge's decision. You must have been at the hearing to request an appeal. If you did not appear at the hearing, you may request that your case be reopened. Your employer (or the Department of Labor) may also request an appeal.
The hearing is conducted by an administrative law judge, or ALJ. The ALJ is employed by the Unemployment Insurance Appeal Board to decide whether or not the determination made by the Department of Labor is valid and/or reasonable. The ALJ's job is to ensure that all parties have a fair chance to be heard and get a fair and impartial decision.
The judge will begin the hearing by identifying all of the parties to the hearing and state what the hearing is about. The judge may then ask questions of you, your employer, and any witnesses present for either side. The judge may hear your employer's side of the story first.
To request a hearing online, go to www.labor.ny.gov/signin and sign in to your NY.gov account. Choose “Go to My Online Forms.” Under the “Forms Available for Filing” menu on the left, choose the “Claimant Request for Hearing” form. Please fill out the form completely and submit it.
Failure to repay an overpayment may result in additional charges for interest. In addition, arrangements have been made with other state agencies that enable the Department to intercept payments due to you to repay amounts owed to the Department. A forfeit penalty, called Willful Misrepresentation, may be imposed.
If you fail to show up or respond, your benefits will be stopped.
If you miss a hearing for a good reason (for example, you had a medical emergency), you may apply to reopen the judge's decision by writing to: NYS Department of Labor. P.O. Box 15126, Albany, NY 12212-5126.
If you decide you would like to appeal the Administrative Hearing Decision to the Administrative Appeals Judge you will have 60 days from the date you receive the notice of denial to ask for any type of appeal.
If you have been denied Social Security Disability benefits at the Administrative Hearing level you may decide to simply re-file and start the process a second time. This is not ideal, but many Social Security Disability lawyers will tell you it is your best chance for receiving Social Security Disability benefits.
Disciplinary hearings at universities are serious matters that can lead to harsh academic consequences such as suspension and expulsion. Sometimes there may also be a criminal prosecution if the university administration or the victim reports the matter to the police. Fortunately, students have the right to seek legal advice and representation from a criminal defense attorney in the face of a disciplinary hearing and should do so immediately upon receiving notice of the hearing.
Academic dishonesty (cheating) is a serious violation at virtually any university or college. Even though cheating rarely draws attention from law enforcement, it can cause serious academic setbacks.
Disciplinary hearings for property crimes (such as theft or vandalism) are grounds for discipline under most school and university conduct codes. Like violent crimes and sexual assault, most property crime allegations on campus can lead to criminal charges. However, the punishments for theft and vandalism are significantly lighter than those associated with a violent crime.
Sexual assault (Rape) is a serious criminal offense. Many colleges and universities take special precautions to protect their students from sexual assault. Unfortunately, heightened concern for victims can compromise the rights of the accused student such that the accused is presumed guilty in this hearing.