College can be a stressful time—for the students who attend college as well as for their parents. According to bestcolleges.com, in 2023, more than 75 percent of college students experienced moderate to serious psychological distress. More than a third of these students were diagnosed with anxiety, while 28 percent were diagnosed with depression. Nine out of ten college students who faced academic challenges said those challenges affected their mental health.
Although parents are usually happy that their child is becoming independent while furthering their education, it can be worrisome to think they could also inadvertently get into trouble. Even though your child is now legally an adult, he or she is still your child and when a phone call comes in the middle of the night it can be difficult to know what to do.
When you find out your child has been arrested by campus police for something like vandalism, theft, or alcohol or drug-related issues, where do you turn? Do you attempt to handle the matter on your own? Since the charges are on campus rather than through municipal law enforcement, is it less serious? Should you speak to a UD student defense attorney? The steps you take now can have a significant impact on how these charges are resolved and to what extent your child’s future will be affected by the charges.
Having an experienced, aggressive UD student defense attorney by your side ensures no missteps are made, and that the outcome to the charges will be as positive as possible. Jonathan Horwitz, a criminal defense attorney from Horwitz & Horwitz is ready to step in, assess the situation, explain the potential consequences of these charges, and present the best solution possible. We will guide you through the process with the goal of preventing a UD suspension (or worse) that could potentially have devastating consequences.
How a Student Arrest on the UD Campus Brings Fear and Stress
While most people do not think of the campus police as “real” police officers, in fact, they are often similarly trained as municipal officers and allowed to carry weapons. Campus police are generally encouraged to promote good behavior among students rather than punishing them as our criminal justice system does.
However, depending on the crime, local law enforcement may be notified, and the student may be charged under the criminal laws of the state. Any type of arrest, whether on or off campus, can be extremely frightening and stressful. Students must usually notify their parents, and then deal with the consequences from the University and our criminal justice system.
How Can a UD Student Defense Attorney Help a Student Facing Criminal Charges?
An experienced UD student defense attorney from Horwitz & Horwitz understands the process involved with the student disciplinary process as well as the process of criminal charges. We can represent your child during the University proceedings and during any criminal charges that must be dealt with in municipal, county, or state courts. The sooner you have an attorney protecting your child and his or her future, the more likely a positive outcome will be. We understand this is an extremely difficult, stressful time and will work hard on your child’s behalf to lessen the stress and the consequences for what is likely a thoughtless mistake.
What Are the Potential Criminal Violations That Could Occur on a College Campus?
The UD Student Code of Conduct details such violations as:
- Alcohol intoxication, regardless of age, unauthorized possession, use, consumption, manufacture, sale, or distribution of alcohol, or driving under the influence of alcohol are all prohibited campus behaviors. Violating any Delaware or Newark laws pertaining to alcohol will also trigger University consequences. (Public intoxication, underage drinking, driving under the influence, underage DUI).
- Disruptive behaviors, including committing or threatening to commit an act of physical violence, acting recklessly, exhibiting public nudity or lewd behavior, and making inappropriate or disruptive noises can be a code of conduct violation.
- The possession or sale of any illegal drug or any legal drug a student possesses or sells without a valid prescription is a code of conduct violation. This includes possession of drug paraphernalia.
- Any behavior that demonstrates disrespect for the safety of others, including creating an unsafe environment, encouraging others to riot, fight, or otherwise disrupt, or any failure to comply with a directive from a university official or faculty member will not be tolerated under the code of conduct (disorderly conduct).
- Hazing and violating any fire safety code or policy that could place others in danger are considered zero-tolerance behaviors.
- The destruction, damage, or misuse of any property, services, or materials that demonstrates disrespect for the University or the community (vandalism).
- Theft—the unauthorized taking, possession, retention, misappropriation, or disposal of any property owned by the University, another student, or any other person is considered a code of conduct violation and could result in suspension.
- Students are responsible for notifying the University of any off-campus criminal arrest or conviction. Once notified, the University will send a notification to the student and his or her parents requiring them to make an appointment with the Community Standards & Conflict Resolution. The University may temporarily “separate” a student from the University, depending on the specific charges. Separation is mandatory when the crime involves an act of violence, the sale, manufacture, or delivery of drugs, or any other conduct considered “egregiously offensive” to the mission of the University.
What is the Typical UD Disciplinary Process and How Does This Differ from a Criminal Proceeding?
A UD student subject to the disciplinary process cannot be sent to jail unless there are also criminal charges through a state or municipality pending. The potential sanctions applied by the University include:
- Educational sanctions can include writing a research or reflective paper, meeting with members of various University offices, attending a seminar, or a referral to staff within the Student Wellness and Health Promotion.
- University status sanctions, including a Disciplinary Warning, a Notice of Reprimand, Disciplinary Probation, Deferred Suspension from University Housing, Deferred Suspension from the University, Suspension and Ban from University Housing, or Suspension and Ban from the University. Students who further violate the Code of Conduct during the period of suspension may be expelled (permanently separated and removed from the University).
Why You Should Hire a UD Student Defense Attorney from Horwitz & Horwitz
If your child is facing disciplinary proceedings through UD or any other college or university or is facing criminal charges outside the purview of the University, it is essential that you contact Horwitz & Horwitz. While we are based in Centerville, we can help those in Springboro, Beavercreek, Miamisburg, Kettering, and other areas across the state. We are highly knowledgeable juvenile and student defense attorneys who have a solid understanding of what is at stake.
Attorney Jonathan Horwitz is dedicated to developing a relationship with each client. We take the time necessary to meet with you, gather information, listen carefully to your story, and craft the best defense possible. We will explore every legal option, making sure you understand the risks and benefits of each option, as we work toward a solution with minimal long-term consequences. Contact Horwitz & Horwitz today.
