Rhode Island Student Misconduct Lawyer

Criminal Defense Lawyer John E. MacDonald, Inc. of Providence, Rhode Island

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Student Misconduct in Rhode Island

If you’re a university student facing accusations of misconduct of any kind, it’s important to consider the consequences of the allegation. It is vital that you speak with a Rhode Island student misconduct lawyer as soon as possible. John E. MacDonald is an experienced sexual misconduct defense attorney who can help protect your rights and academic and professional goals.

Call 401.421.1440 the Law Office Of John E. MacDonald, Inc. today to schedule your free consultation.

Student Misconduct Defense

Title 9 Sexual Misconduct Student Defense

Today’s college student faces an uphill battle once the allegation of sexual misconduct is made. Any allegation of sexual misconduct will immediately jeopardize that student’s enrollment and standing at their university. Despite the presence of exonerating evidence, such as witnesses or text history, Rhode Island schools have been expelling students at an alarming pace. While a school will most likely offer the use of a free “advisor” for these hearings, the immediate engagement of an experienced criminal defense attorney is precisely what is necessary to avoid the harsh consequences of expulsion and a marred student transcript.

Recent Results of Sexual Misconduct Cases

Below you’ll find recent sexual misconduct and sexual assault cases that have led to positive results: 

Providence College senior charged with sexual assault due to the allegation of non-consensual sex. After a full hearing, Providence College found the student not responsible for all charges of sexual misconduct and reinstated him. Providence police charges of first-degree sexual assault were later dismissed, and the criminal case was sealed.

Johnson & Wales senior charged with sexual assault and harassment due to allegations of non-consensual sex at a party. Pawtucket Police also charged the student with Second Degree Sexual Assault. After a full hearing, Johnson & Wales found the student not responsible for all charges of sexual misconduct and reinstated him to complete his senior year. A grand jury later dismissed the Pawtucket police charges of first-degree sexual assault, and the criminal case was sealed.

Brown University freshman charged with sexual assault with a female student despite prior consensual encounters with the same student and multiple witnesses to the event demonstrating consent. The female student claimed to be in a “blackout” state and did not recall consenting. After a full hearing, Brown University found the student not responsible for sexual misconduct, and no disciplinary consequences were issued.

Frequently Asked Questions About Student Misconduct Defense 

Facing an allegation of sexual assault, sexual misconduct, or any other form of a Title IX complaint can be a scary and overwhelming experience. If your child is a university student who has set educational and professional goals, it’s crucial to get the support you need now, so they’re not jeopardizing their future. Here are some frequently asked questions about student misconduct and student misconduct defense to help you understand your child’s legal challenge.

What does a student misconduct defense attorney do?

Your child’s student misconduct defense attorney’s responsibilities should extend beyond simply standing up for them in a court of law. For example:

  1. Student sexual misconduct defense attorney John E. MacDonald can help your child expunge their records. Rhode Island is just one of many states that allow for a criminal record to be expunged. If your child has been convicted of a crime, and that conviction will bar them from getting employed in their field of expertise, contact the law office of John E. MacDonald, to see how we can help you and your child.
  2. Student sexual misconduct defense attorney John E. MacDonald can help your child get a deferred sentence. In addition, he can get the record of your child’s crime sealed. Rhode Island offers many people the opportunity to get a “second chance” to avoid a permanent mark against their record. This second chance comes in the form of a deferred sentence, wherein your child will be sentenced to five years of probation instead of a jail sentence. After your child completes the probationary period, the charges against them are dismissed, and all evidence of the arrest and crime are sealed. If this option sounds more attractive to you, and your child rather than a felony and misdemeanor conviction, John E. MacDonald, can help you.

Naturally, a student misconduct defense attorney like John E. MacDonald, will serve as a defense attorney on your child’s behalf. Mr. MacDonald will work tirelessly, vigorously, and aggressively to defend your child’s rights in a court of law and get the justice they deserve. And while past results do not guarantee future success, Mr. MacDonald is confident that his years of experience in student misconduct defense will serve to benefit your child, both in court and in the long run. For more information about us and our student misconduct defense services, contact us today for your free, no-obligation consultation, and let’s see what we can do for you and your child. 

What are your rights if you are a student accused of sexually assaulting another student under a college sexual misconduct policy?

Facing a sexual assault charge can make you feel vulnerable, and the investigation into the case will be invasive. However, it’s important to remember that you still have rights. For instance, according to FERPA (Family Educational Privacy Rights Act), a university cannot discuss a disciplinary or academic infraction unless the student approves or signs a waiver. In Rhode Island, you also have a right to an “advisor” or a student sexual misconduct defense attorney. It’s highly advised to work with a student misconduct lawyer if you’ve been charged with a Title IX complaint. Contact the law office of sexual misconduct defense attorney John E. MacDonald to learn more about your rights. 

Will the use of alcohol or other drugs affect the outcome of a student sexual misconduct complaint in a college sexual misconduct case?

If the student accused was under the influence of drugs or alcohol, it doesn’t cleanse them of their responsibilities. For instance, drugs or alcohol consumption can’t be used solely as a defense strategy. However, if drugs or alcohol are involved, it can affect the outcome of the case. This is because drugs and alcohol will likely affect things like the clarity of a memory of the accused, a witness, or the complainant. To learn more about sexual assault cases that involve drugs or alcohol, contact Rhode Island student misconduct lawyer John E. MacDonald today.

Is it legal for the university to look through your phone or computer?

It is not legal for university administrators to confiscate or look through a student’s phone without their consent or a warrant. While some university instructors may take a phone away from a student during a class due to causing a disruption, they cannot open the phone and look through it. 

Can a college or university dismiss a formal complaint under the Title IX final rule if the complainant seeks to withdraw the complaint?

According to the U.S Department of Education:

Schools may, in their discretion, dismiss a formal complaint or allegations therein if the complainant informs the Title IX Coordinator in writing that the complainant desires to withdraw the formal complaint or allegations therein, if the respondent is no longer enrolled or employed by the school, or if specific circumstances prevent the school from gathering sufficient evidence to reach a determination. Schools must give the parties written notice of a dismissal (mandatory or discretionary) and the reasons for the dismissal.

Contact the law office of criminal defense attorney John E. MacDonald to understand how a sexual misconduct case dismissal will work in a Title IX complaint.

John E. MacDonald, is the Attorney You Can Trust for Your Child’s Student Misconduct Defense!

If your child has been arrested and charged with a crime, they will need to enlist the aid of an experienced student misconduct defense attorney like John E. MacDonald To get the justice they deserve and to protect their future at their college or university. Getting charged with a crime is sometimes enough to get your child suspended, or expelled, from the college or university they attend. A conviction can lead to devastating consequences that could include a permanent bar against future employment. For this reason, the minute your child has been arrested, you need to enlist the aid of John E. MacDonald, the student misconduct defense attorney that Rhode Island residents have trusted for more than a decade.