So your college kid is in trouble.

It’s the end of September now, and colleges and universities have been back in session for a couple months. The newness has worn off, and parents are coming to grips with having their kids away at college. It’s Fall, and the college students lives are filled with studying, football games, and fun. It all sounds great, until your college kid calls home and says they got in trouble. Often times this phone call can be life changing, and parents are left struggling with what to do and how to help. Here are some tips for what to do if your college kid finds themselves in a legal pickle. 

1. Assess the Damage: The trouble could be anything from being cited with a Minor in Possession, to Assault, to Sexual Assault and beyond. No matter the severity, the collateral consequences to your child could be severe, and it’s important to assess the situation and make a decision on how to proceed carefully. 
2. Know the School Policies: In Montana, the universities and colleges have codes of conduct that all students are required to abide by. The code of conduct likely also includes a section that states something like this:  “University may take notice of alleged violations of federal, state and local laws by students. When a student is arrested or otherwise subject to criminal charges the University may initiate proceedings to determine if the student has violated the Student Code of Conduct. The University reserves the right to exercise its authority of interim suspension upon notification that a student is facing criminal charges.” See University of Montana Code of Conduct. Generally, depending one hte severity of the offense and depending on the involvement of other students, the school may issue a temporary suspension until the case is resolved. In certain types of cases (violence against another student, sexual assault against another student, etc.), the student is likely to face a minimum suspension no matter the outcome of the criminal case. 
3. Talk to a Lawyer before your Kid talks to the School: If your kid gets in trouble while enrolled in college, no doubt the college is going to want to talk to the student. This generally involves and interview at the least and a Title IX hearing at the most. If your kid is facing criminal charges (even if they have not been formally charged), anything they say to the school officials can and will be used against them. Make sure you have the advice of counsel before sending your kid in to spill their guts. 
4. If your Student has been charged or ticketed, lawyer up: If you have read any of our other blog posts, you know that we don’t always recommend a lawyer. See our blog post “Do you Really Need a Lawyer?” However, when it comes to college students, we almost always recommend a lawyer. These kids are at the beginning of their adult life, with nothing but dreams and goals ahead of them. The last thing you want is for the minor in possession in college to prevent them from passing their background check as a teacher ten years later. If your student has been ticketed or charged, we always recommend lawyering up, in an effort to protect your student’s background and ensure they can continue on with their bright future. 
5. Tell your Kid Not to Talk: Tell your Kid to keep their mouth shut. Do not talk to anyone about the case, no matter how good of a friend you think that person is. “Talking” includes texting, snapping, messaging, etc. Too many times kids think they are confiding in a friend and venting via Snaps, and it ends up making things worse when the rumors spread and interviews happen. 

Stay calm, be smart, and you will get through the issue with your college kid. 
- Jill 

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