College & Campus Crime Defense: Protecting Your Record and Your Degree

For students attending the University of Michigan, Eastern Michigan University, Washtenaw Community College, or other area institutions, a single arrest or disciplinary complaint can jeopardize academic standing, financial aid, on-campus housing, and future career plans.

Two Proceedings Running Simultaneously

When a student is accused of an offense on or off campus, two distinct proceedings often move concurrently:

1. The Criminal Case: Handled in the district or circuit court under Michigan criminal law, with standard constitutional safeguards and the “beyond a reasonable doubt” burden of proof.
2. The University Disciplinary Action: Handled by the university’s Office of Student Conflict Resolution (OSCR) or Title IX office under administrative codes of conduct, frequently utilizing a lower “preponderance of the evidence” (more likely than not) standard.

Statements made during a campus hearing or in written submissions to school administrators are not confidential and can be subpoenaed by the prosecutor to use as evidence in the criminal court. Coordinating defense strategies across both proceedings is vital.

The Holmes Youthful Trainee Act (HYTA)

For young adults charged with qualifying offenses, Michigan’s Holmes Youthful Trainee Act (MCL 762.11 to 762.15) provides an extraordinary defense mechanism:

• Eligibility: Reaches offenses committed on or after an individual’s 18th birthday and before their 26th birthday. For offenses committed at or after age 21, prosecutor consent is required.
• Effect of HYTA Status: The court assigns youthful trainee status without entering a judgment of conviction.
• Successful Completion: Upon completing probation conditions, the case is dismissed and the record remains strictly non-public with the Michigan State Police.
• Excluded Offenses: HYTA is not available for offenses punishable by life imprisonment, major controlled substance offenses, traffic offenses (such as OWI), or CSC 1st, 2nd, and 3rd degree.

If you or your student is facing criminal charges or campus disciplinary proceedings in Washtenaw County, contact the Law Offices of Joseph A. Simon at (734) 887-6200.