What To Do If You Face A Cal Poly Disciplinary Hearing
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! Criminal accusations involving college students and alleged activities on campus or elsewhere can be very serious cases. Consult with us immediately if you are a target of rumors, are under investigation or have been arrested.
Violations of the Student Code of Conduct or Executive Orders at California Polytechnic State University (Cal Poly) are handled by the Office of Student Rights and Responsibilities (OSRR) or the Civil Rights and Compliance Office (CRCO, formerly the Title IX office) if the allegations involve discrimination, harassment or retaliation, specifically including all sex offenses. Students face significant consequences if found in violation. Academic punishment could range from disciplinary probation to suspension for a quarter or more. The worst consequence is expulsion, a permanent separation from Cal Poly and all of the other Cal State and University of California (UC) schools. In case of expulsion, the student will not be allowed to graduate, no matter how close to graduation they were.
Processes And Consequences Requiring Aggressive Defense
Students may be first officially notified of criminal accusations and potential punishments by an email sent to their official Cal Poly email address ([email protected]). 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 that 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 that the student 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.
When To Contact A Lawyer
It is critical for a student to consult with an experienced attorney as soon as possible BEFORE the first meeting or interview. Guy Galambos, partner at Casciola & Galambos, LLP, is a skilled advocate for students facing allegations of violations of the code of conduct and Title IX violations.
A student risks waiving their fifth amendment right to remain silent by making a statement to Cal Poly officials 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.
Addressing 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 Civil Rights and Compliance Office (CRCO), formerly the Title IX Office and the Office of Equal Opportunity (OEO).
After the original complaint is received from a complaining witness or another reporter, the CRCO 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.
At Casciola & Galambos, LLP, partner Guy Galambos is highly experienced at defending students accused of violating the student code of conduct or Executive Orders 1096 or 1097. For over 20 years, he 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 a strong defense.
Get Your Defense Started; Schedule A Free Consultation
Students should immediately consult with an experienced attorney for specific legal advice on their cases.