Duke University Disciplinary Hearings

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When a Duke University student is accused of academic dishonesty or some other violation of university policy, most cases are referred to administrative hearings. Most types of conduct for which students can be held accountable are addressed in policies, rules, and regulations of the Duke Community Standard (DCS).

These can be very intimidating environments for undergraduates, and the consequences of possible sanctions can have a dramatic effect on the academic careers of students. Duke encourages accused students and groups to seek advice and support from whomever they choose throughout the disciplinary process.

Call (919) 441-1799 today to get in touch with our Raleigh criminal defense lawyers!

Duke Disciplinary Hearings Lawyer

If you have been accused of violating the standards or policies of Duke University, it is in your best interest to speak with an experienced attorney. Clifford Law Group helps students all over the greater Durham area achieve favorable outcomes to these types of cases, and we also defend them against criminal charges.

When it comes to criminal charges and disciplinary action by Duke, one does not preclude the other. Our firm can address with either one of such situations when you call (919) 441-1799 to schedule a free, confidential consultation.

Aspects of Duke Disciplinary Process

Most disciplinary proceedings begin with a report of the alleged violation of university policy being filed with or forwarded to the Office of Student Conduct.

After a report has been filed, the case may generally involve the following steps:

• Interim Restrictions - The Office of Student Conduct and/or Housing, Dining & Residence Life (HDRL) staff may place interim restrictions staff on students or groups prior to an investigation and resolution. The restrictions could include removal of certain privileges, suspension of a certain activity, or other restrictions. An interim suspension of a student from the university can be imposed only by the dean of the school or college or the vice president for Student Affairs, or designee.
• Investigation - The Office of Student Conduct staff and/or designee(s) will gather information regarding the alleged incident in order to determine the appropriate means of resolution. This process can include interviews, a review of related documents, requests for written statements from any person involved in the alleged incident, and review of material available electronically. Cases may be dropped for insufficient information, but they can also be referred for mediation, arbitration, informal resolution, or disciplinary action.
• Referral for Disciplinary Action - If a case is referred for disciplinary action, the student or group will be notified of the incident in question and the policy violation(s) under consideration. He or she will also have an opportunity to respond, and the Office of Student Conduct will determine which avenue is most appropriate to pursue.

Duke encourages students and groups to fully participate in all aspects of the disciplinary process. If students or groups do not participate in any part of the process, the conduct officer or hearing body may proceed without input from the alleged offenders.

Contact us today to speak to our Raleigh criminal defense attorneys.

Types of Resolutions to Duke Student Conduct Cases

Not all cases result in disciplinary hearings. Some of the alternative resolutions include:

• Resolution Through Agreement - The conduct officer or designee may propose sanction(s) based on the specifics of the case, precedent, and university interests if the student or group accepts responsibility for alleged violation(s).
• Mediation - If all parties involved agree to mediation, a neutral third party assists them in coming to a peaceful and agreeable solution. If the parties are unable to come to an agreement, the Office of Student Conduct may refer the case to arbitration and/or disciplinary resolution.
• Arbitration - Students are given an opportunity to present information about a dispute to a neutral third party who renders a decision. The Office of Student Conduct or HDRL may choose to send any case to arbitration, and arbitration does not result in a disciplinary record although the arbitrator may alter students' living status, limit privileges, or invoke restrictions on participants.
• Informal Resolution - Office of Student Conduct and/or HDRL staff may use this process to resolve less serious instances of misconduct. Informal resolutions may include residential warnings or probation, relocation, community service, restitution or educational initiatives.
• Faculty-Student Resolution - This is an optional, one-time process for first-time, minor infractions by Duke undergraduates. The faculty member needs to contact the Office of Student Conduct to discuss the appropriateness of this option with respect to the nature of the offense and learn whether the student has any prior violations. If the student has no record of prior offenses and the case appears to be one that-if adjudicated by a hearing panel-would result in probation or less severe sanction, it can be resolved between the faculty member and the student. Otherwise, it has to be forwarded to the Office of Student Conduct.

Types of Duke Disciplinary Hearing

Any case in which there is sufficient information to believe that a policy violation may have occurred and that the alleged individual or group may be responsible may be forwarded directly to a disciplinary hearing. Individuals or groups who deny responsibility for serious offenses of university policy and who face possible suspension or expulsion or dissolution from the university, or accept responsibility for alleged violations of university policy but disagree on proposed sanctions have the right to request hearings.
There are two types of hearings:

Administrative Hearings

The administrative hearing is a discussion conducted in private between a student or group alleged to have violated university policy and a hearing officer. Hearing officers review the reports with the students or groups and give them the opportunities to respond. Hearing officers then determine whether the students or groups are responsible for the alleged policy violations and, if so, issue appropriate sanctions.

When determining sanctions, the hearing officer takes into account the interests of the student or group and the university, previous violations of the student or group, and prior university response to similar violations. If students or groups do not accept administrative hearing resolutions, they can request a hearing before a panel of the Undergraduate Conduct Board (UCB).

Undergraduate Conduct Board Hearings

The UCB is a group of students, faculty, and staff appointed to hear infractions of university policy. UCB hearings are conducted in private. Any student whose presence is required by the conduct officer at a hearing will be excused from any other university responsibility.

The general course of procedure for a UCB hearing is as follows:

• Introductions
• Plea from the accused
• Opening comments from complainant(s)
• Opening comments from accused
• Questions
• Testimony/questions of other material witnesses
• Closing comments from complainant
• Closing comments from accused

Find a Duke University Disciplinary Hearings Lawyer in Durham

Duke encourages all accused students or groups to seek advice and support from whomever they choose throughout the disciplinary process. While the advisor cannot address any other participant or the hearing panel role and the advisor's role at a hearing is limited to quietly conferring with the student or group through written correspondence or whisper, a skilled attorney can provide invaluable advice for students in these situations.

Clifford Law Group assists Duke University students throughout the Durham area, and we can help you prepare for your own hearing if you have been accused of any violation of university policy.

We can review your case when you call (919) 441-1799 to schedule a free consultation.