The March 7 Metro article “Suit fights new law on campus sex crimes” highlighted but one problem with colleges and universities seeking to play cop, prosecutor, defense counsel, judge and jury: The schools can’t even figure out what standard of proof to require. And the new federal Campus Sexual... Read more.
The DC City Council’s efforts to decriminalize marijuana opens a Pandora’s box for schools and universities who will need to reconcile their student conduct codes.  Or not.
So which college or university will pioneer the de-sanctioning of marijuana use on their campus and instantly... Read more.
Imagine you are tasked with designing a system for determining whether violations of the law have occurred. You might ask yourself the question of who should make these determinations about the future of community members. And you would probably decide that these deciders ought to be highly... Read more.
No, it doesn’t matter that you were off-campus. It may not even matter if you were out of the country.
Student defense clients and their families often can’t believe that an alleged conduct violation occurring off-campus can still violate college student conduct policy.
“But it... Read more.
Approaching the 12-hour mark of a student conduct hearing at a major university I am reminded of lyrics from a Maroon Five song (“cross my heart and hope to die” from “One More Night”) as I listen to the disorganized and clumsy questioning of witnesses by the hearing panel. Holding aside the... Read more.
College students facing both criminal prosecution and university prosecution may feel that they are victims of double-jeopardy because they are prosecuted twice for the same offense. And the Fifth Amendment of the Constitution indeed forbids any person from being “twice put in jeopardy of life... Read more.
Students facing conduct and academic honor code violations lack the most basic tool by which to defend themselves: subpoena power. 
One of the worst aspects of the student defense system is that the accused lacks the power to compel testimony and production of documents.
Without... Read more.
"It Isn't mine."
Uttering this phrase to the police when they have found you in close proximity to anything: drugs, alcohol, or violence - only shows you don't understand the legal principle of constructive possession.
Constructive possession requires: (1) intent, and, (2) the... Read more.
When it comes to academic honor code violations, colleges and universities must be fans of the legendary frontier jurist - Judge Roy Bean  - who supposedly told a defendant:
"You'll get a fair trial followed by a speedy hanging."
Plagiarism may be defined as passing off another'... Read more.
So justice is easy but truth is hard. 
It's hard to tell what's true. The boy/girl who says you're the one. The missing cookie from the jar. The bloody knife by the body.
But it's easy to do justice. Just do the process right.
And don't mix it up with the truth.
We... Read more.