In addition to traditional criminal cases in court, college students are also at risk of being seriously punished by the administration at their school.
Be Careful! These are very cases. Consult with us immediately!
Violations of the Student Code of Conduct at Cal Poly are handled by the Office of Student Rights and Responsibilities (OSRR). Students face significant consequences if found in violation. The punishment could range from probation to suspension for a quarter or more. The worst consequence is expulsion. Expulsion means a permanent separation from Cal Poly and all of the other Cal State and U.C. schools and it means the student will not graduate, no matter how close to finishing he or she was.
Students are first officially notified by an email sent to their official Cal Poly email address (email@example.com). The email informs the student of the general nature of the violation and will immediately order the student to avoid all contact with any complaining witness(es). The university may order an interim suspension which prohibits the student from returning to campus and the student may not return to classes. If the student lives in university housing, the university may also evict the student or order a transfer to a new dormitory. This first email will usually request the student to call the office and schedule a meeting within the next few days. A Dean will want to meet with the student to determine if a violation has occurred and to consider the appropriate consequences.
It is critical that a student consults with an experienced attorney as soon as possible BEFORE the first meeting or interview. Guy Galambos, partner at Casciola and Galambos, LLP, is an expert at advising students alleged with violations of the code of conduct and Title IX violations.
A student risks waiving his or her Fifth Amendment Right to Remain Silent by making a statement to Cal Poly or the police. A student might make statements that could be used by Cal Poly or criminal prosecutors in court to prove a case against the student. Students should always consult with an attorney BEFORE making the decision to make a statement.
Title IX Complaints
Cases where a student is accused of any kind of sexual assault, sexual harassment or discrimination or retaliation are handled by the Cal Poly Office of Equal Opportunity (0E0), formerly the Title IX Office.
After the original complaint is received from a complaining witness or another reporter, the 0E0 will assign an investigator to review the complaint and interview the complainant and the accused student (Respondent), and any other relevant witnesses. Students must consult with an experienced attorney before deciding to make any statement to a Cal Poly investigator. Likewise, students should seek legal advice before deciding whether to share other types of evidence, like text messages or social media communications, or the name of any possible witnesses. Students should immediately consult with an experienced attorney for specific legal advice on his or her case.
At Casciola & Galambos, LLP, partner Guy Galambos is an expert at defending students accused of violating the student code of conduct or Executive Orders 1096 or 1097. For over twenty years, Guy has successfully defended thousands of Cal Poly and Cuesta students charged with crimes in the San Luis Obispo Superior Court and in disciplinary hearings at Cal Poly. Each of Guy’s clients works directly with him to create a custom strategy for the strongest defense possible. Contact our firm now to schedule a free consultation.