In general, neither the U.S. Department of Education nor the public show much concern for the rights of those accused of sexual assault on college campuses. However, the courts are progressively granting relief to men whose rights have been violated. Make sure to check studentdisciplinedefense.com.
It often makes sense to examine what you might settle for before filing a lawsuit. It makes perfect sense to be specific about your goals. Few schools will withdraw a finding or overturn a punitive judgment without a judge’s order, so you may have to fight for complete dismissal.
If the action were modified, the accuser would need to be informed, which would put the school in danger because if she knew, she might file a complaint with the U.S. Department of Education.
But occasionally, with a lot of work, a school might agree to alter the charge’s appearance on the student’s transcript or the information that will be shared with future schools.
IX Title
Both men and women are protected under Title IX from sex-based discrimination in educational settings. Arguments that these procedures are unfair and that gender bias must be at play as most of the accused are men have encountered significant resistance in the courts.
Breach of agreement
There are laws in some jurisdictions that define a school’s code of conduct as an agreement between the pupil and the institution. A breach of agreement lawsuit may result from the institution breaking its rules.
It typically occurs when the school gives a kid a particular process, and when the hearing is held, the school ignores that provision of its code.
The fact that you would typically need to demonstrate that any infringement of the school’s code was material, that is, that it contributed to the outcome, makes these claims challenging.
Duty process breaches
The government has branches that include public schools. Schools must offer a fair hearing before punishing you, as required by the U.S. Constitution and several state constitutions. In general, due process entails that you must be informed of the allegations against you, that perhaps the notice must be detailed enough for you to prepare a defense, and that you should be given a substantive opportunity to present your case to a judge who will not be biased.
First amendment/free speech
In essence, many schools should monitor their pupils’ romantic relationships. Therefore, schools occasionally charge that as a distinct infraction when someone in a romantic connection says anything hurtful or unpleasant to their partner.
In addition to being a crazy regulation, this one might occasionally go against the First Amendment. You may have a strong First Amendment case if you were found guilty and punished for your remarks to your girlfriend.
Administrative mandamus
When an individual or a group decides to file a lawsuit against a university for unfair campus disciplinary actions, they will be required to follow the process guidelines set up by the state governments for challenging a state government decision in state court.
Most state schools are branches of the state government. As a result, when you decide to file a lawsuit, you will be mandated to follow the state set-up protocols. These protocols and rules can be complicated and directly depend on the laws of a particular state’s issue. However, these rules allow an individual to challenge their decision as some cases might not be based on “substantial evidence.”
Each state interprets the meaning of such cases differently and proceeds with its set of rules and protocols. An experienced lawyer can tell you if administrative mandamus can apply to your case.
Fraud
Unfortunately, some academic institutions are not legitimate and reputable as they claim. Suppose a student has been offered promises or assurances concerning a school’s courses, programs, accreditation, standing, or other services while enrolling.
Negligence
Every academic university is required to have a set of duties of care towards their students. An educational institution must provide an adequately safe environment for students and professors. The school will also be mandated to ensure its cafeterias follow health codes.
The school will be liable for a litany of possibly negligent actions committed by them. Furthermore, negligence on the part of an academic institution or university can become likely because of failure to follow internal disciplinary guidelines and proceedings.
For example, let us assume a school is aware of a student’s multiple sexual and physical assaults on campus. In such a case, if the same student victimizes you after the school is made aware of the misconduct, you may be able to file a lawsuit against the school for its negligence in policing its student body.
What is the procedure to sue a university?
The first step a student must take to sue a university is to gather information and evidence on the school’s internal dispute procedure. It would help if the student searches the school’s website for details about the steps they need to take. The student should also consider consulting an attorney for their options.
For the next step, the student must preserve all evidence, data, and information relating to their claim. Additionally, if witnesses are willing to speak about what they saw, heard, or experienced, you should look out for them.
A court would likely require the student to exhaust all internal dispute resolution methods before filing a lawsuit against the university. It would be advisable for the student to let the internal process get completed. The attorney can significantly help the student navigate the internal dispute process.
Depending on the student’s claim, the student might receive an adequate remedy for filing the lawsuit, such as a positive grade change or decreased disciplinary action and requirement.
Once done, the student will be needed to determine whether they will be facing a public or private institution. Pubic entities cannot be sued unless the state government allows lawsuits per the legal concept of “sovereign immunity.” You will be relieved to know that most states treat private colleges as private businesses. Therefore, you will be allowed to sue them in court and file a lawsuit against them.
