<p>12rmh18,</p>
<p>Thanks for your excellent link to the WaPo article and your synopsis of its leading issue:</p>
<p>“Mathews’ first point is “college privacy rules are a mess,” a point which has been addressed repeatedly in this particular thread.”</p>
<p>One of the most distressing parts of our foolish son’s dismissal for misconduct from college last year was to extent to which the police part of the issue became TANGLED with the college’s internal inquiry. </p>
<p>Because of this tangle, his legal right to privacy has been shredded.</p>
<p>To recap, our son was dismissed from college last year after a v. small amount of cannabis was found by college staff in his 4-man dorm room after a midnight search. The college called in the local police to deal with the illegal substance found. He was arrested, and charged.</p>
<p>Like most of us, probably, with no prior police dealings of this sort, our son had only a vague notion from the tv that you should not make any possibly incriminating statements to the police unless you have a lawyer present.</p>
<p>But he had no idea whether what he said to the college staff who searched his dorm room (he knew them well) in the confused hour BEFORE the police were called might be used against him in any criminal prosecution.</p>
<p>As it turned out, we got a very able lawyer, our son entered a not guilty plea, no evidence by the college was offered, and the charge of misdemeanor possession was dismissed. All the police records have been destroyed & his arrest record is sealed – because that law acknowledges that an “arrest” on your record looks bad.</p>
<p>Therefore, if a charge resulting from an arrest was dismissed, the law protects your privacy. </p>
<p>As his lawyer told us, he was very lucky that he knew to be quiet in front of the police, as soon as he was arrested. (It was the shock of the officers arriving that silenced him – more than anything else).</p>
<p>Staying silent was the absolute opposite of how he was expected to conduct himself to the college, from the moment of the dorm search and right through the internal discipline proceedings. The college emphasized the importance of total transparency, urging him to make no excuses about what “other” students were doing, to tell them everything and to hope that the discipline panel might be merciful. (Sadly, not the case.) He was permanently dismissed.</p>
<p>Fortunately – as it is now turning out –because the internal hearing itself was such a procedural shambles our son appealed his permanent dismissal. The college itself couldn’t ignore the obvious mess it had made of the hearing – and the terms of the dismissal were modified to allow him to stay at the college in his dorm, complete the full semester “as normal”, and thus retain that term’s credits.</p>
<p>(He was still pressed very hard by the college to admit wrongdoing in everything, and was made to feel awkward & asking for “more” trouble when he said he was going to appeal).</p>
<p>Now we find that the fact he appealed (just that he DID appeal) is a point in his favor – a small point, perhaps – but it’s something, now that he is trying to salvage what is left of his academic future.</p>
<p>The other stressful problem for us – as parents – was trying to get any solid information from the college while the internal inquiry and the court procedures were running simultaneously. We were told – and this despite our son signing every release form he could find – that certain information “is properly a matter for the courts, so we can’t comment.”</p>
<p>But when we tried to get the references to the police action (his arrest) removed from his student conduct record, the college argued that their system “is distinct and separate from the criminal court system” and therefore the arrest details will stay. As will the "permanent” term of his dismissal.</p>
<p>Yes, we KNOW his future employers will never see his student conduct record. It is only available to other official college admissions staff. However, right NOW his whole life, it seems to him, is in the hands of college admissions staff.</p>
<p>Because he was permanently dismissed, he is not eligible to even apply to many colleges as a transfer student (despite outstanding grades and letters of recommendation from the CC he has attended fulltime since his disgrace.) </p>
<p>He had an interview last week with one reputable 4-year-college, which was flexible enough to actually consider reviewing their eligibility policy – because of his CC success.</p>
<p>They haven’t made a decision yet (about his eligibility for transfer).
But a dismayingly large part of the interview was about his arrest - as described in his conduct record. Did he, for example, know in advance it was college policy to invite the police into dorm rooms in these circumstances? How often had this happened to others?
Was he just incredibly reckless – or did he feel unlucky?
(He found some of these questions very tricky, because he feels both that he was unlucky – but also asking for trouble.)</p>
<p>Now I am having to fax all the court documents proving his police records have been destroyed – and his court arrest record sealed to his latest college admissions office. So much for the intended privacy.</p>
<p>A long comment (and I’ve repeated info I put earlier in this same thread, to give some context.)
But maybe I’m just trying to express the only two certainties we have.
- Remind your kids – if you feel it could be helpful – never to make statements without a lawyer if the police become involved in a non-emergency college matter.
- Appealing a college misconduct penalty - whatever the outcome -appears to be regarded favorably by other colleges.</p>