DC Student Defense, Author at DC Student Defense

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April 18, 2014

Res Ipsa Loquitor: Why You Need a College Student Defense Attorney

Res ipsa loquitur is a common legal doctrine referred to in negligence cases that might be understood as why you are liable even when you didn’t do anything. “Res ips” – relies on your exclusive control…

DC Student Defense

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April 4, 2014

Man in the Mirror

Two recent high-profile military prosecutions for sexual assault highlight problems with the military sexual assault system. The military cases also hold a mirror up to campus sexual assault prosecution systems. The reflection reveals troubling parallels and…

DC Student Defense

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March 25, 2014

Courts, Not Colleges, Should Prosecute Sex Crimes

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…

DC Student Defense

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Drugs and Alcohol

March 10, 2014

Reefer Madness: Decriminalization & Student Conduct Codes

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…

DC Student Defense

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February 25, 2014

Go Ask Alice: How Do I Become a Hearing Board Panel Member?

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…

DC Student Defense

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February 13, 2014

Every Breath You Take: Why Students Get in Trouble for Off-Campus Conduct

No, it doesn’t matter that you were off-campus. It may not even matter if you were out of the country. DC Student defense clients and their families often can’t believe that an alleged conduct violation occurring…

DC Student Defense

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January 30, 2014

Cross My Heart & Hope to Die: Testimony in Student Conduct Hearings

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…

DC Student Defense

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January 23, 2014

Double Jeopardy

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…

DC Student Defense

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January 13, 2014

Under Penalty of Law: Subpoena Power in Student Defense Cases

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…

DC Student Defense

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December 16, 2013

Constructive Possession

"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…

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