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When your child turns 18, they are legally independent. Now that they are leaving home for the first time, they are likely to face multiple situations on their own where making the wrong choice could have long lasting negative effects. What are some of the common legal pitfalls that college students, especially first year students, can run into? (Not obtaining consent, academic dishonesty such as using CHATGPT/AI to write a paper, alcohol and drug use, distracted driving etc.)
Chris had several questions for Alex and Bryan in this conversation:
What are some of the long-term repercussions that these pitfalls can have, not just on a student’s academic career but also on any future professional opportunities?
If your young adult child is charged with a crime, why is it important to contact a criminal law attorney immediately?
It is best to plan ahead for potential disasters before they can occur. Before they leave home, what are some of the legal documents a parent should have drawn up and signed with their adult child to avoid catastrophe in unforeseen circumstances? (Durable Power of Attorney, HIPAA, FERPA, etc.)
What do each of these documents do, what is their purpose and how can they help should the worst happen?
Next Wednesday, July 10, 2024,
If your 18-year-old is badly injured in a car accident, unless the child signed a durable power of attorney and HIPAA authorization, you cannot access their medical information, even in an emergency.
If your student has a controlled substance use conviction on their record, it is possible they may likely be unable to obtain any sort of financial aid or have their application to grad school rejected.
Preparing to send a child to college is more than just helping them pack their car or making sure they have the right meal plan. It is also about giving them the resources to protect themselves now that they are no longer under your guidance.
Join us for our July 2nd Wednesday to learn more on the importance of Best Practices to Avoid Legal Consequences for Parents & College Bound Students:
- When: July 10, from 12:00-12:30 pm
- Registration: https://bit.ly/2ndWeds2024
Addressing issues from both the student's and the parent's perspective, this session features moderator Paul Millenbach with litigators Bryan Cermak and Alex Rusek as they discuss the following:
Getting into Trouble:
- Knowing the Importance of Consent:
- While a difficult subject to discuss, it is important that your child understands the importance of obtaining consent from a partner prior to engaging in any sexual activities. Not obtaining consent can lead to accusations and possible convictions. Conviction of a sex offense, such as Criminal Sexual Conduct, can lead to expulsion from school under Title IX, loss of scholarships and government backed student loans, loss of future education and employment opportunities, criminal charges, registration on the sex offender registry, and even prison time.
- Common Legal Pitfalls for Students and Facing Criminal Charges in College:
- If your child is charged with a crime, it is important to contact a criminal law attorney immediately to assist them through the process and mitigate damage. Even the pettiest of crimes carry long-term consequences not just for an academic career but also for a future professional career.
Planning Ahead:
- Combatting Cyber-Bullying & Defamation:
- Knowing what to do and what your legal options are if you discover your child has painted someone on social media in a false light or if your student is a victim themselves of defamation. Freedom of speech does not always mean freedom from consequences.
- Importance of Having Proper Documentation in Place:
- Once a child turns 18, they are no longer required to be under the guardianship of their parents. Prior to a child turning 18 and going off to college, parents should sit down with their child to put together some basic forms so they are protected should the worst happen including a healthcare durable power of attorney, HIPAA authorization and FERPA form.
- Academic Dishonesty:
- College students now have greater access to resources than their parents ever did. This unfortunately can also be a double-edged sword with tools such as ChatGPT which can lead to academic dishonesty should a student use it to research and craft a paper and then not check the resources or reformat it, leading to failing grades or expulsion.
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Since 1902, Foster Swift Collins & Smith, PC has provided comprehensive legal services to businesses, municipalities and individuals. The firm employs 100+ attorneys and over 100 support staff in five locations: Lansing, Detroit, Southfield, Grand Rapids, and Holland. In 2023, Foster Swift achieved Midsize Mansfield Certified Plus designation which recognizes law firms for the inclusivity and transparency of their leadership processes for attorneys. For more information about the firm, its attorneys, and to access recent publications, visit www.fosterswift.com.
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