If you are a college or university student facing allegations of misconduct, you are expected to cooperate with the school's established student conduct disciplinary process. Even if you are not directly implicated in wrongdoing, you could also be called as a witness in disciplinary proceedings. If you fail to comply in any way, or if you're suspected of trying to obstruct or circumvent the process, you could face additional allegations under the category of Abuse of the Student Conduct Process. This could lead to its own set of penalties--up to and including suspension or expulsion, depending on the severity of the violation. In other words, it's highly possible that even if you are innocent of the original complaint, you could still face devastating consequences if you're accused of subverting the disciplinary process. Either way, your academic journey could be very much in jeopardy.
At the Lento Law Firm, we recognize the stress and uncertainty that accompany accusations of misconduct in educational settings. Our Student Defense Team has extensive nationwide experience in defending students against such allegations, we are uniquely positioned to help you navigate the school's disciplinary system and work towards a favorable resolution. To schedule a consultation, call the Lento Law Firm at 888-535-3686 or fill out our online form.
Common Examples of Abuse of the Student Conduct Process
There are many ways that a student could potentially interfere with or subvert the disciplinary process, whether you are facing allegations yourself or acting as a witness. Any of the following behaviors could result in disciplinary actions from the school.
Falsifying Incident Reports
Submitting false incident reports (i.e., falsely accusing another student) is a serious offense within the student conduct framework. Schools take allegations of misconduct seriously, and a false accusation can do serious damage to a student's academic and professional future. If you file a false complaint and it is later proven to be false, you could face significant disciplinary actions yourself--especially if it is deemed that you filed the false accusation intentionally.
Failure to Appear for a Meeting or Hearing
One of the primary obligations of students involved in disciplinary proceedings is to adhere to notices from the hearing authority or university officials. This includes attending meetings that are part of the student conduct process. Failure to appear as either an accused or a witness could not only affect the outcome of the current proceedings but also lead to additional allegations of misconduct.
Falsification and Misrepresentation of Information
All students (both the accused and witnesses) are expected to provide accurate and truthful information during disciplinary proceedings. Any attempt to falsify, distort, or misrepresent details before an appropriate hearing authority can have severe consequences, whether it occurs during preliminary briefings or any other student conduct meetings. Such actions undermine the integrity of the process and can lead to additional charges.
Disruption of the Disciplinary Process
Maintaining decorum during the disciplinary process is critical to securing a fair resolution for the student accused. Any disruption or interference with the orderly conduct of hearings or meetings can be interpreted as an abuse of the process. This covers both physical disruptions and verbal interruptions that hinder the progress of the proceedings. Students need to approach these situations with calmness and respect, allowing the process to unfold as intended.
Discouraging Participation in the Disciplinary Process
Not only can you be disciplined for failure to cooperate with a disciplinary process, but attempting to discourage others from participating is another form of abuse of the system. Examples might include influencing a witness to withdraw their testimony or dissuading someone from coming forward with relevant information. Such actions compromise the fairness and thoroughness of the proceedings, and they can also violate an accused student's due process. The integrity of the system relies on full and willing participation from all parties.
Influencing Hearing Board Impartiality
Ensuring the impartiality of the hearing board is fundamental to a fair disciplinary process. Any attempt to influence board members, either before or during the proceedings, can be detrimental to due process. Examples might include offering incentives or exerting pressure to sway decisions.
Harassment and Intimidation
Harassment or intimidation of any party involved in the disciplinary process, whether it be a witness, a hearing board member, or another party, is viewed as a serious violation in its own right. These actions are not only unethical but may also complicate the situation for the student involved. Any blatant attempt to harass or intimidate a witness or administrator may in itself be grounds for expulsion.
Non-Compliance with Sanctions
After a disciplinary decision is made, the accused student is required to comply with any sanctions imposed. If you are found guilty and receive disciplinary sanctions that still enable you to attend (in other words, if you're not already expelled), failure to adhere to these sanctions can lead to additional disciplinary action. For example, if you violate the terms of your probation or fail to pay a required fine, you could face more serious penalties, up to and including expulsion.
The Lento Law Firm Team Can Help
Whether you're facing general allegations of misconduct or additional complaints of abusing the disciplinary process, you should know that you're not automatically considered innocent until proven guilty. (School discipline doesn't work the same way as a criminal courtroom.) School authorities can decide to impose disciplinary action based only on a preponderance of the evidence, meaning they must simply be convinced that you more likely than not committed the offense. For this reason, your best hope of a favorable outcome in these proceedings is with the help of an experienced education law attorney. The Lento Law Firm's Student Defense Team has successfully helped accused students achieve better leniency and favorable outcomes in these cases by providing experienced guidance, employing skillful negotiation, and safeguarding due process rights. If you're accused of abusing the student disciplinary process at your college or university, don't leave your fate to chance. Call us at 888-535-3686 or reach out using our convenient online form.
