Disciplinary Hearings

When students envision their academic journey, they imagine long study hours, enriching friendships, and ultimately, a degree that opens doors. What they don’t expect is to find themselves facing a disciplinary hearing that could threaten it all. But in Florida, these hearings are more common than many realize—and they carry consequences far beyond campus walls.

At Biello & Soowal, PLLC, we serve as staunch allies for students, providing guidance, strategy, and advocacy in overwhelming moments. If you’re facing a disciplinary hearing, you don’t have to face it alone. We help you protect your name, education, and future.

What Is a Disciplinary Hearing?

A disciplinary hearing is a formal process conducted by a school, college, or university to investigate alleged violations of its code of conduct. These hearings function similarly to legal proceedings, although they are administrative and typically lack many of the procedural protections of a courtroom. Depending on the outcome, a student could face penalties ranging from a written warning to suspension, expulsion, or even a mark on their permanent academic record.

Florida institutions take these hearings seriously—and so should you. We’ve represented students across the state who have been accused of offenses as varied as plagiarism, hazing, underage drinking, harassment, and criminal behavior off-campus. As experienced Florida student defense lawyers, we understand the procedures and pitfalls involved in these hearings. We ensure our clients are prepared, supported, and positioned for the best possible outcome.

What Triggers a Disciplinary Hearing?

Students can find themselves facing a disciplinary board for a variety of reasons. Each institution has its code of conduct, but many follow similar infractions that can lead to disciplinary review. Some of the most common reasons include:

• Cheating or plagiarism
• Possession or use of illegal substances
• Sexual misconduct allegations
• Harassment or bullying
• Theft or vandalism
• Disorderly conduct
• Physical violence or threats
• Underage drinking
• Hazing and Greek life violations
• Violations of campus housing rules

It’s important to note that Florida colleges and universities may also discipline students for behavior that occurs off-campus if it reflects poorly on the institution or allegedly violates student codes.

How Florida Law Influences Disciplinary Hearings

While disciplinary hearings are primarily governed by institutional policies, state laws provide a legal framework for student rights and administrative procedures. Florida Statute § 1006.60 grants each institution the authority to adopt and enforce student conduct rules. Florida Statute § 1006.62 also allows institutions to impose disciplinary sanctions after due process.

Federal and state constitutional protections, including the right to due process, also bind Florida’s public colleges and universities. Students must be notified of the charges against them and given a fair opportunity to respond. The Florida Board of Governors Regulation 6.0105 further mandates that universities have written procedures for student discipline and appeals.

Despite these legal frameworks, institutional hearings often lack the due process one might expect in a court of law. This is where having a disciplinary hearing defense attorney in Florida becomes essential.

What Rights Do Students Have?

Even though disciplinary hearings don’t offer the same legal rights as criminal trials, students are still entitled to certain protections. Here are some of the rights most commonly provided at Florida institutions:

• The right to receive written notice of the charges and hearing date
• The right to review the evidence in advance
• The right to present a defense
• The right to call witnesses and cross-examine the institution’s witnesses (in some cases)
• The right to remain silent without the assumption of guilt
• The right to be accompanied by an advisor or a Florida student defense lawyer
• The right to appeal an adverse decision

It’s critical to check the specific policies at your school, as these rights can vary widely from one institution to another. Some colleges allow a student’s attorney to participate fully, while others limit legal counsel to a silent advisory role.

The Disciplinary Hearing Process: What to Expect

If you’re facing a disciplinary hearing, here’s what the process typically involves:

1. Notice of Allegation

The school will send you a formal notice outlining the allegations against you, often accompanied by a summary of the evidence and a date for the hearing. This is your first chance to understand the nature of the case and begin building your response.

2. Evidence Review and Strategy Planning

We work with our clients to request full access to all documentation and evidence the school intends to present. As your disciplinary hearing defense attorney in Florida, we ensure you are not blindsided by new information on the day of the hearing.

3. Pre-Hearing Preparation

This is one of the most critical stages. Together, we gather documents, identify witnesses, prepare your statement, and conduct mock questioning to ensure you are comfortable with the process.

4. The Hearing

The panel—usually composed of faculty, administrators, or students—will hear arguments from both sides. You’ll be able to respond to the allegations, present evidence, and testify. We support you throughout the process, ensuring your rights are protected and your voice is heard.

5. Deliberation and Sanctions

Once the panel has reviewed all the evidence, it will deliberate and issue a finding. If found responsible, you may face penalties ranging from probation to expulsion. Some sanctions may include restorative measures like counseling, alcohol education, or community service.

6. Appeals

If the result is unfavorable, we help you pursue an appeal based on procedural errors, newly discovered evidence, or disproportionate sanctions. Time is of the essence—appeals usually must be filed within a few business days.

Why You Shouldn’t Go It Alone

Students often believe they can navigate the hearing process on their own. After all, it’s “just a school issue,” right? Unfortunately, that’s a dangerous misconception. Disciplinary findings can affect:

• Your academic standing and scholarships
• Your eligibility for student loans and federal aid
• Your ability to transfer to another college
• Your graduate school admissions
• Your professional licensing (nursing, law, teaching)
• Your permanent academic record

We’ve seen firsthand how a single misstep in the disciplinary process can have devastating consequences. Our role as Florida student defense lawyers is to help students and families understand their options, minimize risk, and fight for the best possible resolution.

Disparities in Campus Discipline

National and state-level data show that minority students are disproportionately targeted for disciplinary action. According to the U.S. Department of Education Office for Civil Rights, Black students are suspended and expelled at rates nearly three times higher than their white peers. This disparity is even more pronounced in some districts and institutions in Florida.

Moreover, students with disabilities are also disciplined at much higher rates, often for behavior related to their disabilities. It’s important to raise these concerns early in the process, especially when the disciplinary action could violate the student’s rights under the Individuals with Disabilities Education Act (IDEA) or Section 504 of the Rehabilitation Act.

Disciplinary Hearings for Graduate and Professional Students

Graduate students face a unique set of risks. A disciplinary mark on your record can undermine your thesis, delay graduation, or disqualify you from law, medicine, or psychology licensing boards. Professional schools often maintain stricter codes of conduct and allow fewer rights during hearings.

We’ve worked with graduate students accused of misconduct related to research ethics, faculty relationships, patient treatment protocols, and peer conflicts. We know how to craft compelling defenses that protect your degree and your long-term career.

Disciplinary Hearings and Criminal Charges

Sometimes, a student facing a disciplinary hearing is also under criminal investigation. These dual proceedings require special caution. Unlike in criminal court, where you are presumed innocent, campus hearings can proceed before your criminal case is resolved, and the school is not required to follow the same rules of evidence.

Statements you make in your campus hearing can be used against you in your criminal case. For that reason, it’s essential to coordinate both strategies. As disciplinary hearing defense attorneys in Florida, we often work with criminal defense counsel to ensure your rights are protected across the board.

How We Help

When you hire Biello & Soowal, PLLC, you get more than just legal representation. You get a team dedicated to helping students stay on track with their education, overcome unfair accusations, and find clarity during times of crisis. Our services include:

• Reviewing disciplinary notices and evidence
• Communicating with the school on your behalf
• Preparing your statement and defense strategy
• Advising you during the hearing
• Filing and arguing appeals
• Handling parallel criminal or civil cases

Frequently Asked Questions About Disciplinary Hearings in Florida

What happens if I ignore the disciplinary hearing notice?

Ignoring a hearing notice will not make the problem go away. Failure to respond may result in an automatic finding against you and the imposition of severe sanctions such as suspension or expulsion. Always respond promptly and consult a Florida student defense lawyer immediately.

Can I bring a lawyer to my disciplinary hearing?

Yes, but each institution has different rules. Some allow attorneys to actively participate, while others only permit them to act as silent advisors. As experienced disciplinary hearing defense attorneys in Florida, we help you understand your rights and prepare your strongest case, regardless of those restrictions.

Will this go on my permanent academic record?

Some outcomes—such as suspension or expulsion—may appear on your transcript and affect your ability to transfer or apply to graduate school. The finding may be kept in a private disciplinary file in other cases. We work to minimize or avoid these consequences wherever possible.

Can I appeal the decision?

Yes, most institutions allow appeals within a specific window, often 5 to 10 business days after the decision. Appeals may be based on new evidence, procedural mistakes, or disproportionately harsh sanctions. We help students build strong, timely appeals that target key weaknesses in the original decision.

Can the school discipline me for something that happened off campus?

Yes, especially if the alleged conduct violates the student code or reflects negatively on the institution. This includes incidents involving alcohol, assault, or social media posts. Off-campus behavior can trigger on-campus consequences, so it is vital to take all allegations seriously.

Let us know if you have more questions—we are here to help.

Your Future Is Worth Defending

If you or your child is facing a disciplinary hearing in Florida, time is not on your side. The school’s investigation, hearing, and appeals timeline can move quickly. Don’t make the mistake of trying to handle it alone or assuming it’s not serious.

At Biello & Soowal, PLLC, we’re here to help you navigate every step of the process, from the initial notice to a final appeal. We’ve defended students across Florida and helped them protect their academic standing, financial aid, and futures. If you need a trusted Florida student defense lawyer, contact us today. Your education is worth fighting for—and we’re ready to help you do just that.