Can You Argue Self-Defense in a University Disciplinary Proceeding?
If you attend a Georgia college or university, you are subject to that school’s code of conduct. Violating a code of conduct can lead to disciplinary action, which may include suspension or even outright expulsion. And while universities must afford accused students a certain degree of due process, these rights are often not as strong as those enjoyed by a criminal defendant.
Court of Appeals Reverses Trial Judge’s Decision to Void Parts of UGA’s Code of Conduct
The Georgia Court of Appeals recently addressed an accused college student’s rights to argue self-defense when accused of a code of conduct violation. The case, Board of Regents v. Drake, involved a University of Georgia (UDA) student charged with violating the school’s code of conduct following a “physical altercation” between the student and another student at an off-campus bar.
UGA’s Office of Student Conduct ultimately accused the student of possessing a fake ID, underage drinking, endangering the health and safety of another person, and engaging in disorderly conduct due to intoxication. The student admitted to the first two allegations but contested the latter two.
Before a university hearing panel, the student testified that he acted in self-defense. The panel refused to consider this argument, however, explaining that the code of conduct makes no such allowance for self-defense in cases where a student is charged with endangering the health or safety of another person. Accordingly, the hearing panel suspended the student for the rest of the semester. A UGA vice president, and later the school’s president and Board of Regents, upheld that decision.
The student then filed a petition with a Georgia Superior Court judge. The judge reversed the suspension, holding that the provisions of UGA’s code of conduct at issue here were null and void since they conflicted with Georgia law on self-defense claims. The university then appealed that decision.
The Court of Appeals, however, largely sided with the student. First, the Court rejected UGA’s position that “disputes concerning academic decisions” made by public universities were not subject to judicial review. Georgia law establishes that any rule or regulation made by a public institution that conflicts with the statutory right of self-defense is “null, void, and of no force and effect.” So this was not a purely academic decision, but rather one that affected the “deprivation” of a civil right.
That said, the Court of Appeals said the Superior Court went too far in outright voiding the UGA code of conduct provisions at issue in this case. Instead, the Court ordered a new disciplinary hearing for the student, at which time the panel must consider the student’s self-defense claims.
Contact Hawkins Spizman Trial Lawyers Today
A single mistake made during your college years can have far-reaching consequences for your education and future professional life. So if you have been accused of violating a university code of conduct, it is imperative that you work with a qualified Atlanta student defense lawyer who will stand up for your rights. Call Hawkins Spizman Trial Lawyers today to schedule a free consultation. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.
