Key Factors When Alcohol Is Involved in Your Misconduct Case

According to a 2017-2019 survey of California public school students, about 23% of 11th graders have previously consumed alcohol or drugs. In educational institutions across California, a student could be facing misconduct allegations for different situations involving alcohol. Asides from getting into trouble with college, you may also face charges for underage drinking, driving while under the influence, or other alcohol-related offenses.

At the Alec Rose Law Office, I have the resources, diligence, and expertise to guide and represent students in educational institutions across California in their alcohol-related misconduct cases. As a highly-skilled California criminal defense attorney, I can investigate the facts of your case thoroughly and outline an effective defense strategy to help fight your misconduct allegations. My firm is proud to serve clients across Los Angeles, San Diego, Ventura, Riverside, Santa Maria, and Orange, California.

Misconduct Cases Involving Alcohol

Student misconduct involves any activity, action, or behavior that violates the school’s code of conduct. Some common misconduct cases involving alcohol include:

• Sexual misconduct

• Alcohol-related sexual assault

• Possessing, distributing, or using alcohol substances against school 

• Underage drinking

• Purchasing alcohol for a minor

• Driving while under the influence (DUI)

• Underage possession of alcohol.

If you or someone you know is facing a student misconduct case involving alcohol, you need to reach out to a knowledgeable criminal defense attorney right away. Your lawyer can enlighten you about how alcohol may impact your case and determine your best defense strategy.

How Alcohol Can Impact Your Case

Depending on the surrounding circumstances of your unique situation, alcohol can affect your case in the following ways:

Sexual Misconduct

A Title IX hearing is usually used to investigate and remedy allegations of sexual misconduct involving students and faculty members. Title IX protects students from all kinds of sexual conduct performed without the victim’s consent or while they’re incapacitated. Such incapacitation may result from involuntary physical restraint, intoxication, or ingestion of drugs. As a result, alcohol usually constitutes a significant aspect of a lot of campus sexual misconduct accusations.

Furthermore, using alcohol or drugs may not automatically make it impossible for a person to provide consent. The person might have given consent, but they don’t remember because they had alcohol. Conversely, a person who is mentally or physically incapacitated from using drugs or alcohol cannot give consent to sexual activity. Also, under Title IX, you may not engage in sexual activity with an intoxicated or incapacitated person if you knew or had reasons to know. If found guilty of Title IX violations, possible penalties and consequences include:

• A written or verbal warning

• Expulsion from school

• Disciplinary probation

• Suspension for a particular period

• Restitution to the victim

• Loss of scholarships

• Formal apology letter

A reliable California Title IX attorney can prep you extensively for your hearing and improve your chances of getting the most favorable outcome.

Possessing, Distributing, or Using Alcohol on Campus

What’s more, underage persons in California are prohibited from buying alcoholic beverages or possessing them in public, on campus, or in public places. Similarly, possessing, distributing, or using alcohol on campus is often a violation of the school’s code of conduct. A student accused of possessing, distributing, or using alcohol on campus may be facing student misconduct allegations. If found guilty, you may face possible penalties and consequences such as:

• A written or verbal warning

• Loss of housing privileges

• Suspension

• Expulsion from the institution

• Disciplinary probation

• Other sanctions

However, the severity of the consequences and sanctions will depend on the surrounding circumstances of your unique situation. To lessen the chances that you do not end up in the worst possible situation, it is important that you hire an experienced attorney for proper guidance and representation. An experienced attorney can help fight your misconduct allegations, protect your reputation, and work to maintain your good standing with the school.

Turn to Reliable Representation

Facing misconduct allegations on campus can potentially put your freedom, personal reputation, education, and future opportunities at risk. With alcohol involved, you may also be charged with a criminal offense. Therefore, when facing a student misconduct case involving alcohol, retaining a knowledgeable criminal defense attorney is crucial for proper guidance and to help build your defense.

At the Alec Rose Law Office, I’m dedicated to offering reliable representation and personalized legal guidance to clients in their student misconduct cases. As your legal counsel, I can investigate the surrounding facts of your unique situation and help you understand how alcohol may impact your case. Also, I will fight aggressively to protect your legal rights and fight to make sure those allegations don’t ruin your life.

Contact my firm today to schedule a simple case assessment with a student defense attorney. I can advocate for your best interests and coach you extensively for your misconduct hearing. My firm proudly serves clients across Los Angeles, San Diego, Ventura, Riverside, Santa Maria, and Orange, California.