Chirafisi Law Office

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UW Disciplinary Hearing

Because of our location, we handle quite a few non-academic disciplinary hearings at UW-Madison. A lot of the time the clients are facing criminal charges and as a result, also face consequences at the university, including suspension and expulsion.

This case involved a Ph.D. student accused of sexual assault. He had a pending criminal case tied to this incident as well. These hearings are nothing like court. Sometimes, including this one, the university attempts to do the hearings without having to call the complainant as a witness, thereby denying the client the right to cross examination.

That is exactly what happened here. Except we wouldn't give up. The hearing is held to a committee, without the complainant testifying and the committee votes to expel the client. We appeal that decision to the chancellor, who affirms the decision and does not require the complainant to testify. We appeal that to the Board of Regents, arguing the clients' constitutional rights were violated when he was denied the right to cross examination. The Board of Regents agreed with us! They vacated the expulsion order and are now providing the client his due process rights. Because these hearings don't happen all the time, most people don't understand the significance of this finding. It can change the face of how these hearings are handled. We are very excited at the outcome.