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December 2017 Archives

Proving a negative, Part II: Miami University Hearings

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 information that has the most convincing force," and that a student will be found responsible if he or she admits responsibility or if the information provided to the University demonstrates "by a preponderance of the available information that the person is responsible."

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.”

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 decided that people who entered plea agreements could be eligible for reduced sentences when the guidelines are later changed. Questions remained, however, about which defendants would have access to sentence reduction.

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 not be further from the truth!

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 Rittgers & Rittgers, we applaud the men and women who have come forward to help expose those who abuse their power and behave inappropriately in the workplace. Importantly, we also want those who may be fearful of coming forward to report similar misconduct to know that we are here to help you through the process and to protect your rights.

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