Students who face criminal charges often assume their university will wait for the legal case to be resolved before making any decisions. Unfortunately, this is rarely true. Universities typically move forward with their own disciplinary processes, regardless of whether the criminal matter is still pending or even if charges are later dropped.
Why Universities Don’t Always Wait
Universities are focused on maintaining the safety and reputation of their community. Their student conduct codes give them wide authority to act quickly if they believe a student’s behavior poses a risk or violates school policy. Common reasons schools don’t wait for the outcome of a trial include:
- Protecting campus safety — if the allegations are serious, schools may suspend a student immediately.
- Separate standards of proof — criminal courts use “beyond a reasonable doubt,” while universities usually apply a lower standard such as “preponderance of the evidence.”
- Public pressure — in high-profile cases, universities may want to show they are taking swift action.
- Policy requirements — many codes of conduct specifically state the university can act independently of criminal courts.
What This Means for Students
Because universities don’t have to wait for a trial:
- A student can be suspended or expelled even before their criminal case is resolved.
- A finding of “responsible” in a university hearing may remain on a student’s record even if they are later found not guilty in court.
- Criminal defense strategies don’t always align with what’s effective in a conduct hearing, leaving students unprepared.
Why Students Need to Be Prepared Early
Students who wait for their criminal case to finish before addressing the university process often run out of time. Deadlines for responding, submitting evidence, or preparing for hearings move quickly, and missing them can lead to permanent consequences.
It’s important to remember: a favorable outcome in court does not guarantee a favorable outcome at school. Universities make their own decisions based on their own rules.
Moving Forward
Universities rarely wait for criminal trials to end before making their own decisions. That’s why it’s critical for students to take action early in both processes.
If you’re facing a university hearing while also dealing with a criminal case, contact Richard Asselta to schedule a consultation. Guidance from someone who understands both systems can help you protect your education and your future.
Contact Richard today – Call (855) 338-5299, Email: [email protected] or fill out a contact request form.
Frequently Asked Questions About Universities and Criminal Cases
Can I be suspended before my trial even starts?
Yes. Universities often impose interim suspensions if they believe a student may pose a risk to campus safety.
If I’m found not guilty in court, will my school clear me too?
Not necessarily. Universities use a lower burden of proof, so they may still find you responsible.
Does the university hearing happen at the same time as the criminal case?
Often yes. Universities usually run their processes independently and may move much faster than the courts.
Can police reports be used in my conduct hearing?
Yes. Universities often rely on police reports, even if those reports would not hold up in criminal court.
Should I handle the university case the same way as my criminal case?
No. The systems are different, and strategies that work in court may not be effective in a campus hearing.