Chapter 2.1 of Miami University's Code of Student Conduct ("the Code") explains the standard used by the University to determine if an accused student is responsible for violating the Code. According to the Code, the standard of "preponderance" is satisfied "by the...
Year: 2017
Proving a negative: Being the accused in a university disciplinary hearing
Most people, here in America and across the globe, are familiar with a legal principle known as "the presumption of innocence." This concept is more commonly referred to in pop culture and everyday conversation as "innocent until proven guilty."While the phrase...
Plea Agreement Language And Sentence Reduction
In 2011, the U.S. Supreme Court made a decision regarding sentence reduction for defendants who entered plea agreements. The case, Freeman v. U.S., was about what to do with defendants already serving time when sentencing guidelines were later reduced. The Court...
It’s Just a “Drinking Ticket” Right?
Wrong. Students and parents are often under the unfortunate misconception that criminal citations for underage drinking are like speeding tickets: you admit responsibility, you pay the "ticket" online, and you go about your business consequence-free...but this could...
Sexual Harassment Is Never Appropriate
In recent weeks, the issue of sexual harassment has been in the forefront of local and national news. Many well-known individuals have lost their jobs. Others probably should have or likely will in the weeks and months to come. At , we...
Do I Have Rights As A Grandparent?
In certain circumstances, grandparents do have legal rights in Ohio to custody or grandparent visitation.A grandparent may file a complaint or petition for custody in certain circumstances and the Court will grant the petition if it can be proven that both parents are...
Drinking (Underage) With Parents: To Do, Or Not To do
Homecoming, Parents' Weekend, and various fraternity & sorority events are a prime opportunity for parents to spend quality time with their college student in the student's natural environment. This sometimes includes parent-student underage drinking. Two...
Celebrating The Holidays During Divorce
When going through a divorce, the holidays are oftentimes difficult. Here are a few tips to make things go more smoothly.It is important to start planning for the holidays ahead of time. Look at your court orders to determine if there is a schedule in place. When you...
Close, But No Cigar (Or Alcohol)
If I'm not holding it, can I still get in trouble for it? Quick Answer: Yes. Under the legal doctrine of constructive possession "when a person knowingly exercise[s] dominion and control over an object, even though the object may not be within the person's immediate...
What Happens When Both Drivers Are At Fault For A Car Crash?
Ohio's Comparative Fault LawUnder Ohio law, what happens when a person injured in a car crash is also at fault partially for that crash? Can the partially at fault injured person recover money from the other driver for his or her injuries? Like most good...