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.
