Okay, I just got a letter in my mailbox from the assistant dean of my college "questioning my conduct on Nov. 4th" and that "it is alleged" that I was smoking marijuana on campus.
This is clearly not true and the only "evidence" that the school might have is the fact that a RA thought they smelled it from underneath the door of a dorm room I was in (not even my dorm). But that did not stop them from setting up a "hearing" between me and the assistant dean on Thursday. My two other friends also have hearings before me at a different time in the day.
So if the college has no other real evidence aside from "we thought we smelled it", is there any way that can pin this on us? Like if our stories don't match up (which isn't even a concern since we did nothing wrong)? Or if they'll make us take a drug test (can they even do that)?
2007-11-27 10:06:42 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
I attend a private college in Ohio.
2007-11-27 10:13:42 · update #1
If you are attending private college they can require anything they want as a condition to remain as a student. This is not a court of law. Rules of evidence do not apply here.
As a private college, they can expel you (or do anything less) for being SUSPECTED of drug use.
2007-11-27 10:12:04 · answer #1 · answered by davidmi711 7 · 1⤊ 0⤋
Depends. Don't know the kind of college you attend, private or public. Obviously, private schools have much more leeway in the way they treat you. But, nevertheless, don't count on receiving evidence, justice and procedure. That is for the state-run courts. School hearings are less formal and cases can be decided on whim or intuition.
You likely signed a conduct code when you entered, and that will be the basis of your discipline, if any. The school has a definite interest in keeping drugs off campus, and can go to (and is expected by parents and taxpayers to go to) extremes to keep drugs off campus.
I think you're lucky to be in front of the Dean. I was involved with student-run "hearings" years ago, and the students were quite judgmental, and didn't give anyone a break. At least before the dean s/he will have long experience in dealing with offenses of this sort, and will probably temper any decision with that experience.
** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **
2007-11-27 18:16:32 · answer #2 · answered by scottclear 6 · 2⤊ 0⤋
Did you do it?
If the answer is yes, then yes they can. If you didn't, then they're going to figure that out. The bottom line is if you did it, get a lawyer or brush up on some legal terms cause you might need it. :(
ETA: Since it's a private college, pretty much any rule they deem fit applies. You sign a lot of documents when entering a college and I promise at least one of them says that they have the right to change guidelines etc...
What school do you go to? That might help a little more.
2007-11-27 18:13:49 · answer #3 · answered by razzlephrat 2 · 1⤊ 0⤋
There's nothing like enough information to answer this question.
First and most important, what country are you in? Drug laws vary HUGELY from country to country.
Second, government run college or privately run college? Third, are you a resident of the dorms, or were you just visiting?
It's possible that at one extreme there's nothing that they can do, and at the other extreme they may be able to expel you based on suspicion.
Richard
2007-11-27 18:12:38 · answer #4 · answered by rickinnocal 7 · 1⤊ 0⤋
You are making the mistake of assuming away the evidence. The distinct odor of marijuana IS sufficient evidence. In fact it is stronger than visual evidence. Whether they can make you take a drug test depends on the school's rules of admission & discipline. I suggest you get an attorney who has handled similar disciplinary cases in your school.
2007-11-27 18:16:56 · answer #5 · answered by Anonymous · 1⤊ 0⤋
The college cannot give you any criminal sanctions unless they give you all your constitutional rights, like the right to be presumed innocent, right to a lawyer, etc. However, they are not applying criminal charges, they are applying university disciplinary charges. The constitution doesn't apply to such penalties, and there is no reason they need to follow it.
If it's more serious than the school can handle, and they need to take you to court, THEN you have your constitutional rights.
2007-11-27 18:40:25 · answer #6 · answered by Anonymous · 0⤊ 1⤋
Good question. How can a state's attorney charge a guy with murder when the state's attorney didn't see him commit murder?
2007-11-27 18:16:30 · answer #7 · answered by Anonymous · 1⤊ 0⤋
Tell them "i was tooo high" I dont remember....
excuse can u rephrase the question please......
2007-11-27 18:30:47 · answer #8 · answered by Anonymous · 0⤊ 2⤋