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Question

My 20 year old son may be expelled or suspended from the Univ. of Montevallo in Alabama, because my son stated he wanted to beat a fellow student up to other people. WHY??? The other student filed a false police report against my son and admitted it. The campus police would not let the student retract the statement. My son was just letting off steam and no time was there a real physical threat. Univ of Montevallo has a zero tolerance policy to verbal threats etc. My son is a good kid but made 2 stupid offences already. My son is in error but would not be having this hearing if the other student had not filed a false report. No criminal charges filed against my son. But he will lose this semester of college $$$ receive zero for good grades and if suspended not be able to apply other colleges until suspension is over. Life is not fair but my son will pay a heavy price for this. What can be done? He has already been kicked out of the Dorm for this. We saw report on Monday 2 NOV and his hearing is 5 NOV.

Submitted: 137 days and 21 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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Optional Information

State/Country relating to Question: Alabama

Already Tried:
Son has documented the timeline for 3 days and schedule etc to establish timeline and events as reference for the hearing 5 NOV 09. I went to talk with campus police and went to listen to get info. not to disagree or fight. Wrote letter to appeal getting kicked out of dorm. all i want is to have my son be able to finish the semester with no suspension or being expelled. Then he can transfer to another school. There are only 5 weeks left in the semester.

Accepted Answer

Hello XXXXXXXXXXXXXXXXX,

Unfortunately for your son, universities have a lot of power to enforce their student conduct codes and campus regulations. The best that you can do is to have your son appear at the hearing and present all the evidence that you have that the other student filed a false police report, and that your son did not really intend the threat. If possible, see if you can get the student who filed the false police report to testify at the hearing. Your son should also apologize for his conduct before the hearing and pledge that it will not happen again. If you present all your evidence in an honest way that no real threat was intended, there is a good chance that the university will not expel or suspend your son.

Thomas

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Expert: Thomas Swartz
Pos. Feedback: 99.2 %
Accepts: 954
Answered: 11/4/2009

Lawyer

Eighteen years experience as New York, New Jersey lawyer, and publisher of online legal newspaper

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