Due process, campus rights, notice of charges, right to be heard, legal representation, Title IX, honor code violation, disciplinary action, student suspension, expulsion, legal perspective, college campus, administrative process, student attorney, legal advice. Virginia colleges.
What To Do When… Campus Series – Due Process.
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The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, bankruptcy, juvenile defense, juvenile sex crimes, reckless driving, Divorce, Marriage Separation, Child Support, There is Still Hope and others. Critzer Cardani PC serves Chesterfield, Richmond, Henrico, and all the surrounding areas here in Virginia from the Beach to the Blue Ridge.
What To Do When… Campus Series – Due Process.
On this legal video podcast chat in Critzer Cardani’s What To Do When… Campus podcast series, join our hosts Jackie Critzer and Scott Cardani as they chat about What To Do When… Due Process. This video and audio podcast episode focuses on Campus and School Due Process of the law here in Virginia.
Tune in today for not only our top take-aways, but also some chat about the following subject matters and other helpful action items from a ‘legal chat slant’ from Critzer Cardani’s legal partners.
* Title IX
* Due Process on College Campuses
* Notice of Charges
* Right to be Heard
* Legal representation when educational rights are threatened.
The objective of the What To Do When… podcast is to discuss common legal scenarios faced by everyday citizens in Virginia. Critzer and Cardani practice law throughout Virginia and focus their practice around the state’s capital of Richmond, in the Piedmont region. Tune in and subscribe to learn about legal topics such as reckless driving by speeding, bad lawyers, bankruptcy, juvenile defense, juvenile sex crimes, reckless driving, Divorce, Marriage Separation, Child Support, There is Still Hope and others. Critzer Cardani PC serves Chesterfield, Richmond, Henrico, and all the surrounding areas here in Virginia from the Beach to the Blue Ridge.
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Serving Chesterfield, Richmond, Henrico, and all the surrounding areas. From the VA Beach to the VA Blue Ridge. Thank you for sending us your feedback, questions, or topic suggestions for future #WTDW | What To Do When… episodes by emailing [email protected].
Transcript:
What To Do When… Intro 00:01
Welcome to What To Do When… A podcast from real lawyers with real perspective, where we explore a variety of legal issues and scenarios. Each week we focus on a new topic and discuss what to do when and if any of these legal scenarios ever happened to you or a loved one. With over 40 years of combined legal experience, our hosts offer their unique perspectives and insights on a range of real life legal situations.
Jackie Critzer 0:28
Hi. Welcome back to another episode of What To Do When… here at Critzer Cardani in Richmond, Virginia. I’m Jackie.
Scott Cardani 0:34
I’m Scott. Jackie, what’s on the docket for today?
Jackie Critzer 0:36
It’s the continuation of our College Campus series today, Due Process.
Scott Cardani 0:42
Due process. What the heck’s that?
Jackie Critzer 0:44
Due Process…
Scott Cardani 0:46
You know, everybody has the right to due process, which is notice of what you’re charged with.
Jackie Critzer 0:52
Okay.
Scott Cardani 0:52
And the right to be heard. That’d be the easiest way to explain it. That’s the two elements. So in no situation can you not know what they’re charging you with. And in no search situation, just because you’re on a conference campus, you still have the right to be heard.
Jackie Critzer 1:08
Well, how many times on TV – I know it’s just TV. Have we seen this quote, unquote due process mucked up, where they’re like, I don’t even know what I’m being charged with. You have to tell me what my charges are, and then you see the lawyer come in, you better tell me what the charges are charged my client, or you’ve got to release them, because you can’t hold them without that for more than so many hours.
Scott Cardani 1:27
Exactly. That’s the whole point. You’re you have the right to know what they’re charging with you. And again, that even that doesn’t even apply just to criminal charges on campus, like, say, the schools. It’s a title nine violation or some honor code violation or something limit, probation, yeah, or something like that. You have the right to know what that’s about, and so it can’t be just you’re in trouble. Well, what did I do? You violated the Honor Code? Well, that’s 45 pages. Did I honor? Did I violate the whole …
Jackie Critzer 1:54
or 450 pages?
Scott Cardani 1:56
Yeah, whatever. So you have the right to know what they’re claiming you did. You know.
Jackie Critzer 2:01
Is there a time frame that that they’re they the campus, whichever campus it is, is required to tell you, is it within so many days of them taking action against you, or what’s the?
Scott Cardani 2:15
Honestly, you’re probably going to find out at the moment they tell you, you’re being charged with x, or you’re you’ve violated Title Nine, and this is why. So normally, you’re told at the beginning, but my point is, they can’t have some secret quorum and bring you in and say, Oh, by the way, we’re kicking you off campus.
Jackie Critzer 2:32
Well, if they don’t tell a student, maybe it’s my student, maybe it’s your student, maybe it’s another kid, we know. They don’t tell them, and the student lawyers up, because, well, they know us, and they know that’s the right thing to do. A lot of times are we able, then, as their attorney, to go in to the administration and campus, whatever campus it is, from anywhere from Virginia Beach to UVA, wherever we are, to then say, hey, spill the beans. You got to tell us why you’re taking this action against our student?
Scott Cardani 3:04
Absolutely, that’s the whole point. You have the right to representation at any time that your rights are being taken from you, so your right to go to school on that campus is being taken from you some way, shape or form, you actually have the right to representation. And that’s the whole idea of the opportunity to be heard. You know, you have the right to be heard. For instance, they can’t say you violated the title nine or whatever the honor code you’re out. They have to give you a chance to defend yourself so to speak. Or it’s called the right to be heard. But that’s what really important stuff, because a lot of people think, because I’m on a college campus, they told me I had to leave. You know, I have to leave. Well, you may want to leave, and that’s okay, but you know, they have to walk you through the process. Is the point. They have to put on evidence, they have to show you what the crime is, and they have to prove that you have they’re justified in making you leave. So that’s really the issue. I mean, it’s really that simple. I don’t want to belabor it, yeah, but you have the right to know what you’re charged with. You have the right to be heard on that charge, whatever it is civil, what we call is more of like title nine or some kind of disciplinary action, or whether it’s a criminal charge. You have that right.
Jackie Critzer 4:13
Well, we don’t have control over what you don’t have control over is the expeditiousness. I might have made up that word, but how quickly this process moves. Which may mean you’re losing class time, it may mean you’re losing tuition dollars, and in the best case scenario, we get both of those somehow returned to you in some way. But just keep in mind that when these issues come up and you’re being suspended or or expelled, or whatever’s going on, you may end up out for a period of time, and there’s, there’s really no way to speed it up. That’s probably the most frustrating piece of of the due process is that it is due process, but it’s not overnight. So be patient. Contact a lawyer.
Scott Cardani 4:53
Contact a lawyer.
Jackie Critzer 4:54
We’re happy to help you walk through these things and again, anywhere from Virginia Beach to the Blue Ridge. And beyond, we can help you with these campus issues, and oftentimes you’re going to want to help, especially if it is a long term or you’ve been waiting for an extended period of time to even figure out what what you’re accused of.
Scott Cardani 5:11
Thank you all. Have a great day. Like and Subscribe and continue if you have questions, [email protected] thank you.
Jackie Critzer 5:20
Thank you.
What To Do When… Outro 5:22
We hope you’ve enjoyed this episode of What To Do When… For more episodes, be sure to subscribe to our podcast and we encourage you to check archives to listen to previous topics. Tune in next week for a new episode and some fresh perspective from Critzer Cardani.
Need Legal Representation? Contact Critzer Cardani.
We look forward to helping you in this venture and Good Luck!
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