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Expelled from college for self defense.

Oak Lawn, IL |

I was involved in a mob action crime where I was attacked and videoed being attack by 10 girls. I wad hit first then I hit back and was attacked. This was not on school property however they expelled me since I've had a background. What should I do as far as fighting this. I was the victim

I wasnt charged with anything criminal wise just school and this happened in a McDonalds off campus

Attorney Answers 4

  1. Consult and retain an experienced criminal defense attorney ASAP. Each case is unique but this type of case requires an attorney who is knowledgable in the law and aware of the political environment in which the event occurred.
    My criminal defense law firm has represented many persons in a similar situation. Detailed preparation and investigation is the key to working towards a successful conclusion in this matter.

    Of course, every answer is based on the question asked and requires a more complete context. This answer should not be relied upon to make a legal decision. Seek the advice of an experienced criminal defense attorney before acting. Law Offices of Raymond G. Wigell, Ltd. Defenders of the Constitution since 1975/ Aggressive Creative Defense Strategies/ Website: 24/7 call (708) 481-4800 text (708)218-0923

  2. It is unclear whether you wish to do something about a criminal charge or the expulsion, or both. If you have a criminal charge against you, then you need a criminal defense attorney. If you are asking about the expulsion, there are attorneys who specialize in charges made by schools against their students. That is a very specialized area of law. I will send a copy of your question to a colleague in CA who doers this kind of work as I know no one locally. If she is able to answer, she might be able to give you further guidance.

  3. Hire an attorney to contest thr expulsion.

  4. Almost all colleges and universities provide a formal administrative appeal process through which students may challenge school disciplinary actions such as expulsion. The process is usually published on the school web-site, or you may get a copy from the Dean's office. You need to read it very carefully and comply exactly with its provisions -- particularly all deadlines and time limits. Any actions which do not meet the time limits can constitute a waiver or forfeiture of your rights to appeal.

    Each admin process has its own features but there are some broad commonalities. In most cases, you are entitled to the time and opportunity to retain and consult legal counsel and you should do that. Most schools will not allow the attorney to participate in your appeal hearing (and some will not allow your attorney to attend), but an attorney can give you meaningful assistance in identifying and gathering relevant defense evidence and in raising substantive and procedural objections to the fairness of the process.

    In candor, no matter what the formal description and provisions of the administrative appeal process, many colleges and universities disregard or revise the provisions of the process as it suits them, on the justification that only "substantial" fairness is required. Students often find that their "rights" are whatever the school is allowing that day on that case. No one experienced in these kinds of cases would ever argue that these processes are fair or honorable, and they often result in pre-determined rubber-stamp results. Public schools are somewhat more predictable and careful in honoring students' specific rights to a fair process. In private colleges, the school will do what it wants, no matter how unfair or inconsistent with the school's formal rules. Private colleges are fiefdoms, plain and simple.

    But the merits and integrity of these processes aside, students must rely on the published process because there is no right to sue in court instead. Even after exhaustion of the admin process, in most cases there will not be a legal basis for suit, and courts will honor the tradition of "hands off" of school affairs to a degree that shocks attorneys in other practice areas.

    I have seen school disciplinary cases where the accused was not allowed to attend the hearing; where the student was never given a statement of the alleged misconduct; where the "Student Court" stated that it would not look at the student's defense evidence; where the identity of the accusing person was kept secret, along with the evidence of the accuser's mental instability and widely-known malice toward the expelled student; even where the co-habitant of an accusing complainant was designated as a member of the "Student Panel" to serve on the court that decides the truth of the accusation. The results of the school's lack of respect for any principled or ethical fact-finding process are often tragic and life-changing for the victim.

    Based on the facts that you have stated here, it is baffling why you were expelled. Perhaps the video appears to depict a different version of your conduct?

    In all events, you should consult with a specifically-experienced attorney in your area, perhaps one who is well-known to the college and active in its alumni or fund-raising affairs.

    I wish you a good result.

    No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended as legal advice and must not be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. My law firm does not provide free consultations. Please do not call or write to me with a “few questions” that require me to analyze the specific facts of your history and your license application and prescribe for you how to get a State license. Send me an email to schedule a paid Consultation for that kind of information, direction, and assistance. My law firm presently accepts cases involving State and federal licenses and permits; discipline against State and federal licenses; and disciplinary and academic challenges to universities, colleges, boarding schools, and private schools. We take cases of wrongful termination or employment discrimination only if the claims involve peace officers, universities or colleges.

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