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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118809
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I made a complaint to the Judicial Affairs office of my PA

Customer Question

I made a complaint to the Judicial Affairs office of my PA state university. ONE DAY LATER I was ordered to attend a disciplinary administrative hearing for an alleged action that occurred and was reported WEEKS before. I got an attorney and the hearing was dropped. Clearly the hearing was retaliation for my original complaint about a "favorite" student.
Please let me know the criminal section and subsection of PA code so I can pursue a private criminal complaint. (The criminaI complaint form for the MDJ required this.) I understand this is not intimidation of a victim/witness, for example, because that apparently only applies to criminal proceedings (and this one was an internal college one.) There were subsequent acts by my accuser that are clearly harassment.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
Apparently, I need a section and subsection of PA code for this "retaliatory" issue as well. The rest are clearly harassment - PA 2709(a)(3)
Customer: replied 1 year ago.
I have spoken to "higher ups" within the university, but apparently I need to file a criminal complaint with the MDJ against the favored (minority)student to get them to take me seriously.
Expert:  Legal-Kal replied 1 year ago.

Good afternoon:

My name is ***** ***** I would be happy to try to help you with some general information. Do you happen to know if any of the statements, testimony or "evidence" provided this student was under oath, sworn or attested to? (either in documents or in any hearing where the student needed to be sworn in?)

Customer: replied 1 year ago.
I don't know 100%, but I highly doubt it
Customer: replied 1 year ago.
the people running judicial affairs have masters in psychology and apparently very little legal expertise.
Customer: replied 1 year ago.
my attorney's letter tore them up! cowards. . .
Expert:  Legal-Kal replied 1 year ago.

I see. If that is the case then, it does not appear there there is any criminal statute that would cover this. I would have suggested looking into section 4903 of Title 18 (which has to do with crimes) which addresses "false swearing" and its application in "official proceedings" (the definition of an official proceeding would seem to cover what occurred here).

Unfortunately, I think the only recourse is through civil proceedings against this person and, during the course of the civil proceedings, you would be able to get them to admit their wrong-doing under oath.

At this point, I will opt-out of the question thereby opening it up to another expert who may have additional suggestions that you may be able to use.

I wish you the best of luck.

Customer: replied 1 year ago.
ok, thanks
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
This is an administrative internal proceeding, not a governmental agency or judicial proceeding. Thus, it is not likely to be accepted by the criminal court, BUT, if the statement was made under oath, then it is potentially perjury if this was a government body hearing, 18 PA Code 4902. Perjury.
(a) Offense defined.--A person is guilty of perjury, a
felony of the third degree, if in any official proceeding he
makes a false statement under oath or equivalent affirmation, or
swears or affirms the truth of a statement previously made, when
the statement is material and he does not believe it to be true.
So you have to have a hearing before a government entity under oath to be deemed perjury. However, if false statements were made and it was not an official government proceeding, then it is a civil suit for defamation against the party who made the false statements about you.
Customer: replied 1 year ago.
Not really interested in a civil suit because I believe this person and her parents have little money.
Customer: replied 1 year ago.
I was thinking stalking, because the retaliatory allegations were intended to cause distress, but there was not following of me
Customer: replied 1 year ago.
the administrative hearing was dropped and i never had to appear
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
It is not going to be stalking and I am not seeing a criminal charge here, only potential civil violations. I do not see any success in looking at the PA criminal laws for something that would fit here.