In recent years, Title IX-an act designed to prohibit discrimination based on sex-has, ironically, been used to facilitate sex-based discrimination on college campuses. "Title IX" refers to Title IX of the Education Amendments of 1972 which states: "No person in the...
Neal D. Schuett
Does it help that I’m “a good kid” when I’m charged with a crime?
Many college students that are charged with criminal offenses are quick to point out the highlights of their resume when they first meet with me: a high GPA, a clean record, community service, and a professional aspiration that simply cannot tolerate a criminal...
Understanding the Miami University Two/Three Strike Policy
I frequently get calls from individuals facing mandatory suspension at Miami University because they have accumulated "two strikes" or "three strikes" depending on the situation. By this, students are referring to Miami's policy whereby if a student receives two...
The Implications of John Doe v. Miami University et. al. (2008) for the Accused, Part 1: Equal Protection
A blockbuster decision dropped in the Title IX Sexual Assault world last week when the Sixth Circuit Court of Appeals ruled, in part, against Miami University in a case filed by a suspended student. The student had been suspended for sexual assault based on a theory...
Where we are with Title IX Hearings: The DeVos Interim Guidance
In September of 2017 Secretary of Education Besty DeVos formally announced the withdrawal of the 2014 "Dear Colleague Letter" and replaced it with new "Interim Guidance" designed to bridge the gap until new rules are implemented. Many students who are caught up in a...
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...
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...
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...
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...
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...