On December 8th, 2013, Chun ‘Michael’ Deng, 19, was at an unsanctioned Pi Delta Psi fraternity event in the Pocono Mountains in the Tunkhannock Township in Pennsylvania. One day later, on December 9, 2013, he was…
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Jesse Matthew was linked by video evidence to the disappearance of UVA student Hannah Graham, and linked by DNA evidence to the murder of Virginia Tech student Morgan Harrington. Police investigators say DNA evidence in the…
Lists abound about what you need to tell your children before they leave for college. But no “Top 3” or “Top 25” list can ever address the infinite worries, hopes and fears that accompany your children…
The recent White House Task Force report on campus sexual assaults, “NOT ALONE The First Report of the White House Task Force to Protect Students from Sexual Assault”, recommends that colleges and universities consider using a “single investigator”…
The April 2014 release of “NOT ALONE The First Report of the White House Task Force to Protect Students from Sexual Assault” recommends colleges and universities seek answers to the question of how campus sexual assault investigations…
The word emergency comes from the Latin “emerge” – bring to light. College and university policies for the emergency transport of students in danger of being alcohol poisoned could use a dose of light and transparency….
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…
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…
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…
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. [1] Or not. So which college or university will pioneer the…
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…
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…
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…
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…
Students facing conduct and academic honor code violations lack the most basic tool by which to defend themselves: subpoena power. [1] One of the worst aspects of the student defense system is that the accused lacks…
