Defending Accused Students at Colleges & Universities
If you or a loved one is facing allegations of sexual misconduct, academic dishonesty, or student discipline on campus, we can help. At Hacker Murphy, we regularly represent college students in Title IX and other disciplinary proceedings at colleges and universities throughout Upstate New York and beyond.
When young people go off to college or university, it is a time of new-found freedom, exploration and nearly unbounded opportunities. Students are not only working to attain an education, but to expand their social world and to meet new people and to make new friends.
Sometimes, with this sudden new freedom, mistakes can happen.
Sometimes students are falsely accused because the accuser may regret an encounter with another student or the accuser may have a personal agenda. Other times students are wrongly accused as a result of a bureaucratic failure by the school. No matter how an allegation arises, when a young person’s future is on the line, such allegations should not be taken lightly. At Hacker Murphy, we believe that regardless of where an accusation came from, no allegation against a student should ever ruin the rest of that student’s life. Tragically, being found responsible in a college disciplinary matter can have long-lasting or even permanent implications for a student’s educational and professional life.
In Title IX campus sexual misconduct cases, a negative determination will result in a permanent notation on a student’s transcript, signaling to all, including future employers and graduate schools, that the student is a sexual abuser. Findings of academic dishonesty or student misconduct, even if not appearing on a transcript, can haunt a student who would like to go on to pursue an advanced degree or professional license.
Whether a student is facing suspension, expulsion, or even the possibility of criminal charges as the result of allegations at his or her school, at Hacker Murphy we aggressively defend students and seek to eliminate or minimize the potential consequences of the college disciplinary process.
Contact us today at (518) 284-3183 to learn more about your legal options.
Experience in College and University Disciplinary Matters
Each college and university has its own rules governing disciplinary matters. These rules vary slightly from one institution to the next, but they all generally revolve around the same three phases. These are: an investigation, a hearing, and an appeal.
In each of these phases, it is critical for the student to be as prepared and as proactive as possible. Each phase requires a particular strategy, and the factors affecting the student’s decision-making will vary from point to point throughout the process, while also taking into consideration the severity of the accusations and the unique circumstances involved.
Sometimes students make a mistake, leading to a disciplinary action by the college or university. But we have found that in many cases, the “mistake” is not a mistake by our client, the accused student. We have found that, in many cases, the “mistake” is a false or unjust accusation lodged against our clients.
At Hacker Murphy, we regularly represent students in all phases of the academic disciplinary process, and we are often able to negotiate favorable outcomes that avoid the need for a formal hearing. In cases where a hearing is necessary, we provide thorough, vigorous representation throughout the process; and, if a hearing results in an adverse decision, we assist with the formal appeals process, as well.
The types of college and university disciplinary matters that we handle include, but are not limited to:
- Academic dishonesty
- Assault
- Burglary
- Criminal mischief
- Dating violence
- Sexual assault
- Sexual harassment
- Threats
- Trespassing
- Using drugs or alcohol on campus
Effective Advocates for Sexual Misconduct Allegations under Title IX
Increasingly, colleges and universities are employing Title IX officers to pursue disciplinary cases against students who have been accused of sexual misconduct. Title IX cases are different from other types of academic disciplinary matters because the nature of the allegations are often extremely sensitive for all parties involved.
In fact, in many cases, academic proceedings under Title IX will run in parallel with a civil lawsuit, criminal prosecution, or both. Civil and criminal proceedings involving allegations of sexual misconduct can have life-altering – and potentially lifelong – consequences, and any institutional disciplinary matters must be approached with these possibilities in mind. For example, statements made during a disciplinary investigation or hearing may be admissible as evidence in related civil or criminal litigation, and students accused of sexual misconduct must be extremely cautious to avoid making mistakes that could have implications well beyond the bounds of campus.
Students have the right to legal representation in Title IX matters. Our Title IX attorneys have been on the forefront of new rules and regulations promulgated by the United States Department of Education. We have successfully sued universities in federal court when a university refuses to follow these federally mandated regulations. We have brought universities to federal court to prevent them from proceeding with a procedurally deficient hearing. We have effectively combined civil litigation with our on-campus defense of our clients to achieve exceptional results for accused students. Our attorneys have extensive experience in civil litigation and criminal defense, and we implement a comprehensive strategy designed to protect you and your family to the fullest extent possible.
Representing Students throughout Albany’s Capital Region, Upstate New York, and beyond
Our attorneys are available to represent students in Title IX and other disciplinary matters at any colleges or universities throughout New York and beyond. Below are several of the schools where we have defended accused students.
- Brown University
- Cornell University
- New York University
- Rensselaer Polytechnic Institute
- Syracuse University
- Colgate University
- Vassar College
- New York Law School
- Hartwick College
- Union College
- Russell Sage College
- Siena College
- The College of Saint Rose
- Skidmore College
- State University of New York at Albany
- State University of New York at Binghamton
- State University of New York at Plattsburgh
- State University of New York at Geneseo
- Hudson Valley Community College
- Marist College
- SUNY Upstate Medical University
- Cardoza School of Law
- Columbia University
- The College of Mount Saint Vincent
- St. Bonaventure University
- St. Lawrence University
- Carnegie Mellon University
- University of Chicago
- Fashion Institute of Technology
- Rochester Institute of Technology
- Colby College
- University of Rochester
Have Questions?
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If arrested, what steps can I take on my behalf?
1. Do not discuss your situation with anyone except your attorney.
2. Unless your attorney says otherwise, do not discuss your case with law enforcement.
3. Request to have your attorney present if you are to be put in a lineup or subjected to testing.
4. Remain calm and courteous. Allow your attorney to speak for you to ensure that your rights are protected and you are given all the benefits afforded to you under the law.
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What is the difference between criminal procedure and civil procedure?When a crime has been committed, action is taken by a government agency against the person, persons, organization or other entity that violated the law. The first purpose of a criminal prosecution is punishment, which frequently consists of a fine or jail time. In a civil matter, the dispute is between two or more individuals or entities. The first purpose of a civil prosecution is obtaining compensation for the wronged person or entity. Settlement in a civil matter is generally an award of a money judgment. A criminal sentence is not imposed in a civil matter.
Contact us now to discuss your case with one of our experienced attorneys.
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