Student Defense and Code of Conduct Violations - Fraud

If you've been accused of fraud at your school, you might be wondering just how "bad" this kind of accusation is. It's not life-threatening after all, and maybe (you're hoping) it's an accusation you can easily overcome.

But as mild as some of its variants might seem to be, a fraud accusation is a big deal. Universities rely on their long-standing reputations as model institutions of knowledge to get their grants and donations, so discovering that their students are cheating, plagiarizing, or falsifying documents can put a big dent in their ability to attract new donors.

Additionally, many institutions conduct research - some of it ground-breaking, innovative research - and the reputation of both the school and the students themselves needs to be above reproach for that research to get the accolades and funding it deserves.

As a result, schools tend to approach fraud as a serious charge, and they'll take swift and forceful action to keep it out of their schools.

But an accusation of fraud doesn't mean you can't fight back. In fact, the Lento Law Firm has helped students across the country deal with allegations of fraud, theft, plagiarism, dishonesty, and misrepresentation, as well as a wide range of other charges, and we can help you, too!

We know how to navigate the disciplinary process and work with the administrations to get you the best possible outcome, so don't wait…

You don't have to do this alone. Our Student Defense Team is standing by, ready to help. Just call us at (888) 535-3686 or contact us online today!

Common Examples of Fraud

In general, fraud can be defined as an "intentional deception to secure unfair or unlawful gain, or to deprive a victim of a legal right."

Obviously, that's a very broad definition that can cover a range of scenarios, so let's look at how this kind of violation might surface in a school setting.

Common examples of fraud (as defined in sample Codes of Conduct include):

  • Dishonesty (Texas A&M University)
    • Withholding or misrepresenting material information and/or making false statements to University officials
    • Giving false information to and/or withholding information from any University official, faculty member, office, or law enforcement officers
    • Forgery, alteration, or misuse of documents, records, or identification
    • Submitting false information for admission (or readmission)
  • Academic Dishonesty & Forgery (Purdue University)
    • Cheating
    • Plagiarism
    • Fabrication (of documents or information)
    • Multiple submissions (of the same documents or information for duplicate credits)
    • Collusion (planning or helping another violate any code of conduct or University regulation)
    • Forgery (of documents, records, or personal identification)
  • Plagiarism & Deceit (Michigan State University - Law School)
    • Any act of plagiarism
    • Deceit, dishonesty, and misrepresentation to a degree that calls a student's character into question

Of course, this is just a short list. As every school is different, you might find a wide variety of other acts and behaviors falling under the definition of fraud at your school. These could include false reporting of an emergency, misappropriating school credentials or manipulating information for personal gain, misleading an investigation, omitting information on applications or school records, purposely refusing to identify yourself to University officials or law enforcement, and lying to avoid punishment or for personal gain.

Note that this can include both hard copy and digital records, as well as information given verbally, and it almost always includes the caveat that fraud doesn't need to happen on campus to be a concern.

And yes, if you used artificial intelligence (AI) to create your work without approval and proper notation, that could also be seen as plagiarism or fraud.

What Type Of Penalties Can Be Given For Fraud Violations?

Schools have a number of options when it comes to penalizing a violation of their Code of Conduct, and these can range drastically in degree of severity. Some penalties include:

  • A verbal warning
  • Sanctions (monetary fines)
  • A loss of privileges, including both academic and extracurricular
  • Academic probation
  • Community service
  • Parental notification
  • Suspension, dismissal, and expulsion

Again, all schools are different, so there is no "one-size-fits-all" when it comes to a list of potential penalties for a given violation. Also understand that the degree and type of violation will play a significant role in determining the punishment and penalties for a fraudulent infraction.

The omission of a minor detail in your admissions application for example, while still concerning, would likely be viewed in a much kinder light than an intentional lie that placed others in harm's way.

It's also important to understand that any penalty may be given in conjunction with other restrictions, punishments, or requirements. Probation may be granted, for example, but might also include monetary sanctions, requirements for counseling, community service, or added academic work, such as a research project or personal essay.

In addition, many schools (but not all) recognize a difference between dismissal and expulsion. Both require that you leave the school, but in some cases, a dismissal may include the ability to reapply after a specific amount of time (a month, a term, or even an entire year, for instance), while an expulsion is a permanent ban.

Understanding the different definitions within your school's Code of Conduct is essential to navigating an accusation of fraud, and you'll typically find this information in your school's student handbook.

Fortunately, the Student Defense Team at the Lento Law Firm has years of experience interpreting school handbooks and Codes of Conduct. And that experience means we can help you with all your school-related issues and concerns.

What Happens When Allegations Of Fraud Are Made Against A Student?

If an allegation of fraud has been made against you, several things may happen:

  • You could receive a notification
  • An investigation might be launched
  • You could be required to submit to questioning or supply supporting documentation
  • A hearing (formal or informal) might be scheduled

But - and this is important - you may or may not know that any of this is going on. Some schools notify students immediately; others may only notify them when it has been determined that the allegation has some merit. You also might not be immediately notified if there are other, more pressing concerns in play, such as your own safety or that of other students or faculty.

In general (and particularly in public institutions), you will usually be given a copy of the complete complaint when it is filed. In some cases, this document will name the person making the complaint, but this is not always the case either. If there is a concern about retaliation, for example, or if the complaint is of an overly sensitive nature, you might not immediately know who is making the allegation.

Investigations are often overseen by department deans, as well as other administrative staff and faculty; however, some schools also rely on student judicial committees for some of this process. Fresno Pacific University has a Student Judicial Board (SJB), for instance, which presides over less-serious infractions and has the authority to dismiss the case, refer the case, or create a plan for restitution and resolution.

Larger universities may have added levels of oversight committees that could be involved in your case. Rice University has several student-driven adjudicating bodies, for instance, including a Student Judicial Program (SJP) as described above, as well as a University Court (consisting of undergraduate students), that serves as a level "up" from the SJP. In addition, Rice has College Courts that are established and operated by the individual schools within the University. These courts can choose to oversee complaints internally, refer to the SJP, the University Court, or the University's Magister.

In more serious cases or where a law has been broken, the school may consult with law enforcement as well.

In many cases, you can continue attending classes and pursuing your degree while the disciplinary process plays out, but if the school believes your continued attendance would be disruptive or pose a threat, you may be temporarily removed from classes and/or the entire campus.

Understanding the Dismissal Process

Students facing dismissal for fraud and other types of deceitful acts will typically be given an opportunity to present their case at a hearing before a dismissal or expulsion is ordered. Again, this can depend on the circumstances, but generally speaking, you will get the chance to defend yourself.

These hearings can be formal or informal in nature, and you will be notified of the date and time in whatever form is dictated by your school's policy. Some schools allow you to have legal counsel, including attorney advisors representing you throughout this process; others may limit how much interaction your attorney can have. Regardless of your school's specific policies, you are allowed to utilize your legal counsel and use that insight to prepare your best defense.

Knowing this, then, it makes sense that you'd want to call the Lento Law Firm Team as soon as you become aware of the complaint against you. Fighting allegations of misrepresentation or other fraudulent actions will be difficult. Having our professional defense team working on your behalf will make this process much easier to navigate.

Even in instances where we can't be present at your hearing, we can still help you build a strong defense! Our Student Defense Team can assist with the preparation of documents, interviewing witnesses, and investigative work, as well as helping you get ready to make your case at the hearing.

We can also help you negotiate the best possible outcome for your situation, and should you need to file an appeal, we can assist with that, too!

Can I Be Dismissed Or Expelled Without Prior Notice?

In some cases, yes.

As mentioned earlier, there are times when the school might choose to limit your access to classes and the campus. This is because all schools recognize the importance of addressing any allegations that affect the health and well-being of others on campus and in your community. Typically, this kind of action would be reserved for particularly serious cases, such as accusations involving sexual assault, threats of bodily harm, and those that involve weapons. These types of accusations require swift action, even if there are still questions to be answered.

This would not normally be the case for fraud allegations, but you might be immediately suspended, depending on the severity of the fraud that has been alleged. Additionally, every case is unique, and your school's policy may call for more severe actions in certain instances.

If an investigation still needs to be done, rest assured that it will continue as planned, and if you are exonerated, your privileges should be quickly restored.

Having an experienced Student Defense Team in your corner is the best way to ensure your rights as a student are protected and that you have a chance to tell your side of the story.

The Lento Law Firm has that experience, and we're ready to help you protect your student career! Call us today at (888) 535-3686 or use our online form to schedule a consultation.

What You Should Know About Filing An Appeal

While specific rules and procedures may vary, there is almost always an appeal option should a ruling about fraud allegations not be in your favor.

That said, there can be some narrow timelines you need to follow.

Many schools require that your appeal be filed within a certain amount of time after the final ruling has been made. This can be as little as ten days, and that means time is of the essence.

In addition, some schools limit the reasons you can file an appeal. The Oregon Health & Science University (OHSU) in Portland, for example, limits students to three possible grounds for appeal:

  • The school did not follow the proper procedure
  • New and relevant information has become available
  • The decision conflicts with the law or school policy

Given the short time frames involved (as well as the potential for different rules and procedures), it's critical that your appeal is filed quickly while also raising the appropriate arguments.

And this is where having an experienced student defense team on your side becomes essential. We can help you craft a persuasive and effective appeal so that you have the best chance for a positive outcome.

Let the Lento Student Defense Team Help You

We know this is a stressful time. Being accused of fraud is a serious allegation and one that could follow you as you try to build your professional career. Reputation is a key element of this process, and an instance of fraud or misrepresentation on your record will be hard to overcome.

So, don't try to face this process on your own.

The Lento Law Firm has been working with colleges and universities like yours for a long time, and we understand the disciplinary process inside and out. We know how to navigate the (sometimes overwhelming) school system, and we know how to negotiate with academic administrators to achieve the best possible outcome.

We might not be able to formally take part in your proceedings, but we can definitely help you present your best defense.

We know you take your student career seriously. So let us help you protect it. Call us at (888) 535-3686 or use our online form today to schedule a consultation.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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