Call (203) 327-1500 to discuss your issue
College and University Disciplinary Proceedings: How an Attorney Can Help
When college or university students get charged with a crime or accused of violating the school’s code of conduct or are accused of sexual assault or sexual misconduct under Title IX, they may face disciplinary sanctions. The consequences of disciplinary proceedings can be severe, including suspension, expulsion, or a permanent disciplinary notation on a student’s academic record. Attorneys Audrey Felsen and Bruce Koffsky understand the high stakes involved. Our attorneys work closely with students and their families to provide legal advice and support through this challenging process to secure the best possible outcome.
The Disciplinary Process: From Investigation to Hearing
School disciplinary proceedings in higher education often follow a similar process:
Investigation: Once an allegation is made, the student is notified, and an investigation begins. The school typically interviews the student and any witnesses, and students may be asked to provide evidence. This is a critical phase of the process, and it is important to discuss the allegations with an attorney, who can act as your advisor and give you legal advice before you provide any statements. We ensure our clients understand the allegations and evidence against you and help identify witnesses and preserve evidence to help present a defense to the allegations or mitigation in an effort to achieve the best outcome possible.
Negotiated Disposition: Sometimes, depending on the allegations against you and your particular college or university’s policies, your attorney can negotiate a disposition through informal resolution.
Hearing: If sufficient evidence is found, and the parties cannot agree to a resolution, your case may advance to a formal hearing. A panel of administrators, faculty, or staff will listen to testimony from both the complainant and respondent. You will have an opportunity to defend yourself, whether because the allegations are untrue, or because you can provide information that puts the allegations in context or mitigates your actions. At a formal hearing, you can call your own witnesses, cross examine the witnesses against you and challenge the evidence.
Outcome and Sanctions: After the hearing, the school issues a decision that could include sanctions such as probation, suspension, or expulsion.
Appeal: Schools and universities have an appeal process; most of the time, your right to appeal an adverse decision is limited to a very specific set of circumstances and within a limited time period.
How an Attorney Can Help
Attorneys Audrey Felsen and Bruce Koffsky are both highly experienced attorneys and can provide advice and guidance through each stage of the disciplinary process. We work with our clients in the following ways:
- We help our clients preserve and gather evidence, and we seek cooperation and information from potential witnesses
- We Advise and advocate during investigations. We prepare students for interviews, and ensure they know their rights and understand the consequences of their statements. We help our clients present their side of the story effectively.
- We represent students at hearings. Disciplinary hearings can be stressful, especially when your status as a student is at risk, and many of these proceedings take place while you are in school in the middle of a semester or studying for exams. We help students present a strong defense, cross-examine witnesses, and challenge the school’s evidence.
- We help you protecting your academic records. When possible, we work to minimize the impact of a disciplinary investigation and/or sanction on a student's academic record. Our attorneys negotiate for alternatives to suspension or expulsion, such as counseling or probation, and try to come up with creative and intelligent solutions that tailored to your individual situation.
- We help find a path back. If a suspension or expulsion occurs, we work with students and families to explore options for reinstatement, help students to find the best way to continue their education and find a path back to graduation from their current college or university.
A Collaborative, Team-Based Approach
The partners at Koffsky & Felsen, LLC personally handle each case, working closely with you as a team. Both partners are active members of the Connecticut Criminal Defense Lawyers Association, the National Association of Criminal Defense Lawyers and other bar associations, Attorney Felsen served on the Board of the Connecticut Criminal Defense Lawyers Association and recently served as the organization’s President. She often provides training to other attorneys to update them on changes in the law related to the criminal justice system. We collaborate with some of the best attorneys throughout the state in various fields of law, and when it is in the best interest of our clients, we will refer cases to those attorneys to ensure the best possible outcome.
We assess each client's individual needs, sometimes bringing in other legal experts to make sure our clients receive the most comprehensive representation available.
Title IX Proceedings: Why They're Different
Title IX proceedings involve cases related to sexual harassment, sexual assault, or gender-based discrimination at educational institutions. These cases are significantly different from other disciplinary processes due to federal law requirements.
Key Differences in Title IX Proceedings:
- Federal Compliance: Title IX is governed by federal law, requiring schools to follow strict procedures that protect both the complainant and the respondent.
- The Investigation Process: Title IX investigations are typically more formal and may include separate investigators trained in handling these sensitive issues. Responsibility is determined based on a "preponderance of the evidence" standard.
- Cross-Examination Rights: During Title IX hearings, both the respondent and complainant have the right to cross-examine each other and witnesses. However, this is typically done through an advisor. Legal representation at this stage can ensure a fair and thorough defense.
- Potential Sanctions: A finding of responsibility in a Title IX case can result in severe penalties, including expulsion, and is often made part of a student’s school record.
Partner Audrey Felsen has years of experience handling Title IX matters, ensuring that students receive a robust defense throughout these highly sensitive and complex proceedings. Attorney Felsen understands the process and need for fairness in the proceedings. She often serves as an independent investigator when allegations arise involving sexual misconduct and represents respondents who are victims of sexual misconduct.
Attorneys Koffsky and Felsen take a team-based approach and we focus on the unique needs of each client. Our strong connections within the legal community allow us to collaborate with top attorneys across Connecticut when necessary, ensuring that every client receives the best possible representation.
If you face a college or university disciplinary proceeding — whether it's a Title IX case or any other violation —contact us to protect your academic and personal future.
