Full Description
A clear and cogent guide to how colleges and universities can investigate student misconduct.
All colleges and universities grapple with the complexities of student misconduct. How can these institutions conduct efficient fact-finding investigations and disciplinary proceedings? What best practices should administrators and legal counsel follow when student behavior interferes with a university's mission or poses a campus safety threat? Oren R. Griffin answers these questions and more in Investigating College Student Misconduct, an essential resource for student affairs professionals and university administrators.
Misconduct investigations and disciplinary proceedings are as common in higher education as they are contested. Without the force of law, clear procedures, or even rules of evidence, these proceedings can leave both the accused and the accuser in danger of receiving unfair treatment, opening the university up to legal action. Emphasizing the importance of institutional compliance obligations and students' rights, Griffin explores the fundamental steps that should guide the investigation process. He describes tactics that academic and student affairs administrators should consider and comments on the importance of managing privileged and confidential information—as well as communicating the results of and proposed remedies to student misconduct investigations.
A law professor, scholar of higher education law, and associate dean who consults with other universities on legal compliance and litigation matters, Griffin brings a unique perspective to this topic. Touching on a range of issues, including academic dishonesty, sexual assault, freedom of speech, quasi-criminal activity, and other acts of misconduct, Investigating Student Misconduct is supported by a review of relevant judicial decisions from state and federal courts, along with a conceptual and pragmatic analysis of important statutory and constitutional provisions, including Title IX and FERPA.
Contents
Foreword, by Peter F. Lake
Preface
Introduction
Part I. Student Misconduct and the Law
Chapter 1. Constitutional Considerations and Student Rights
Chapter 2. Statutory Law and Avoiding Investigatory Mishaps
Part II. The Student Misconduct Investigation
Chapter 3. Fundamentals
Chapter 4. Tactics
Chapter 5. Confidentiality and Privilege
Chapter 6. Results and Outcomes
Conclusion
Notes
Index
