open letter

HOWDY PARENTS

Part of the college experience is learning how to make good decisions.  Unfortunately, some students learn the hard way by making poor decisions.  Some of these poor decisions  serve as a “good bull” memory among friends for years to come.

It isn’t “good bull” when law enforcement or the university becomes involved. Universities impose sanctions on students accused of activities that

• are a criminal offense under state law,
• endanger the safety of the university community,
• are directed toward another student,
• occur on campus, or
• violate one of a myriad of student conduct regulations.

A little weed in a dorm room, driving while intoxicated on campus, or ending a relationship with a claim of “she said yes/I said no” can have consequences far beyond the courthouse – and these penalties often have more severe implications than the criminal justice system.  University imposed conduct probation can limit a student’s ability to receive financial aid, live on campus, or to represent the university.  Suspension, dismissal, or expulsion from the university can change the course of a young person’s life.

Artificially imposed timelines for resolution of a student conduct complaint can result in decisions being made by poorly qualified university employees (with no training in the conduct they are investigating, adjudicating, and imposing sanctions on) with incomplete information.  For instance, in a driving while intoxicated cases initiated by the university police department on campus, video recordings of the traffic stop and subsequent investigation, along with the results of blood tests (both of utmost evidentiary value) are often not available.

Despite assurances of administrators that all proceedings will remain confidential under the Family Education Rights and Privacy Act of 1974, records of student conduct investigations and hearings are subject to be released with a lawfully issued subpoena – including a grand jury subpoena issued by a District Attorney’s office.  Hiring an attorney trained in avoiding or mitigating criminal consequences is important; hiring an advocate that is well versed in the student conduct process is invaluable.

Following an arrest on campus or receipt of a letter alleging violations of the student conduct code, please contact me as soon as possible.  We will make arrangements for a free consultation where I explain the procedures, processes, possible options and outcomes of both the criminal justice system and the student conduct system.

I stand ready to serve.

Mark R. Maltsberger