How Do Violations of Academic Misconduct on Transcripts and Records Affect Transferring to Another College or University?

Posted by Joseph D. Lento | Dec 22, 2018 | 0 Comments

Colleges and universities generally promote a safe environment and encourage students to maintain behavioral and academic standards. Administrations are responsible for documenting each student's record of activity at the institution. Students seeking to transfer to another college will have their transcripts subject to review. This is also the case when applying to medical, law and other graduate school programs. Student records may contain information relating to prior campus disciplinary actions. Students who are faced with potential sanctions after accusations of academic misconduct should consider how such records may adversely impact them in the future.

Federal Educational Rights & Privacy Act (FERPA)

FERPA was established to hold institutions responsible for the rights of students. FERPA guidelines require colleges and universities to obtain student permission before disclosing records to other parties. This rule is not applicable in some situations. Records relating to academic performance and conduct are allowed to be disclosed to a school when a student is transferring and to agencies of law enforcement.

Review by the School of Transfer

Schools are likely to review the transcripts of potential incoming transfer students. Transcripts containing evidence of prior disciplinary conduct may be scrutinized more closely. The administration may decide to deny admission or impose some form of restrictions on their enrollment.

Institutions Having “Open Enrollment”

Schools such as community colleges are often considered to have “open enrollment”. These publicly funded institutions are encouraged to allow all individuals access to education. For example, they may not deny entrance to an individual solely because of a prior criminal conviction; however, may impose restrictions or limitations in the interests of public safety.

Variations in School Policy & Procedure

Colleges and universities may have varying ways of addressing student misconduct as long as deemed “appropriate”. Disciplinary processes also may differ significantly between private and public institutions. Public institutions generally are more directly bound by the laws of the state where they are located.

Example of Transcript & Record Policy: Rutgers University

  • Disciplinary records are retained by the Office of Student Conduct for each student who violates conduct
  • Unless the student was dismissed from the university these records are destroyed after 10 years
  • Expulsion records are retained indefinitely
  • Access to conduct records requires a release authorization
  • Records of conduct are retained separately from transcripts
  • Conduct violations are added to transcripts
  • Suspensions are removed from transcripts after they end
  • Expulsions remain on the transcript unless clemency is obtained
  • Students may apply for clemency of expulsion records after five years

How Can An Attorney Help?

When facing allegations of campus misconduct it is critical to understand the potential longer-term consequences. Seeking assistance from an experienced lawyer may be the best option. An attorney will better ensure your rights are protected throughout the process and help minimize sanctions and penalties. 

Experienced Attorney for Student Disciplinary Actions

Attorney Joseph D. Lento understands student concerns of how records of academic misconduct can negatively impact their future. Those seeking aggressive student disciplinary defense are encouraged to call (888) 535-3686 for a consultation.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients nationwide. Attorney Lento and his team represent students and others in disciplinary cases and various other proceedings at colleges and universities across the United States. Attorney Lento has helped countless students, professors, and others in academia at more than a thousand colleges and universities across the United States, and when necessary, he and his team have sought justice on behalf of clients in courts across the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph D. Lento is licensed in Pennsylvania, New Jersey, and New York, is admitted pro hac vice as needed nationwide, and he can help you or your student address any school-related issue or concern anywhere in the United States.


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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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