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Tuesday, Dec. 5th 2017

Faculty Misconduct Allegations, Hearings And Appeals

Faculty members of both private and public colleges and universities who face disciplinary action for  faculty misconduct allegations have important rights which require the skill and experience of a lawyer to enforce. For private colleges and universities, those rights are set forth in published policies and they become contract promises of how the college or university must proceed before any sanction can be imposed for faculty misconduct allegations. In the arena of public colleges and universities, it is not only the published policies which must be observed but also court opinion precedent in the state and federal courts of the particular jurisdiction where the college or university is located.

Not every issue related to faculty conduct has been ruled upon by the U.S. Supreme Court. In many cases it is the state supreme court of the location of the college or university or the federal appellate court in that jurisdiction that has announced the legal standard for faculty misconduct allegations to go forward and be upheld. We also look to federal trial judge opinions in the client’s jurisdiction as college and university attorneys are often persuaded by our reference to the law as declared by those federal trial judges. However, in many cases, it is the written and published opinion of the federal appellate court which is the final say when the U.S. Supreme Court has not addressed the issue.

Fundamental to all faculty disciplinary proceeding are the concepts of fair and adequate notice of charges against the faculty member; disclosure of the identity of witnesses against the faculty member; an opportunity to confront the witnesses against the faculty member and the opportunity to offer testimony of the faculty member and other defense witnesses. These elements of fairness are known as Procedural Due Process. Mr. Cohen’s practice involves representing faculty members at the initial accusation stage; at the formal hearing stage and, if necessary, writing and submitting academic appeals of adverse rulings by the college or university.

Mr. Cohen has more than 40 years of experience in Procedural Due Process enforcement and has helped numerous faculty members who have been the subject of a faculty misconduct allegations. He represents faculty members nationally and is available for an initial free consultation by contacting him at: cac@studentrightslawyers.com or by phone: 913.956.1125

 

 


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