Your conduct at California Polytechnic State University matters more than you probably realize. Consider: you can probably survive a failed class or two. Your GPA has to remain consistently below 2.0 to trigger sanctions like suspension or dismissal. It only takes one misconduct offense to wind up dismissed, though, if it’s the right offense.
Simply put, you cannot afford to take any allegation lightly. What do you do if you’ve been charged? You contact the attorneys at the LLF National Law Firm. Our Student Defense Team was founded to protect student rights. We understand the stakes, and we know what it takes to mount a successful defense. Whatever your situation, whatever you’ve been accused of doing, we’re always on your side and ready to use every resource at our disposal to ensure you the best possible resolution.
We can’t help, though, until you contact us. Call 888-535-3686 today to find out how the LLF National Law Firm can help, or take a few minutes right now and fill out one of our online forms.
The Student Code of Conduct
Every college and university maintains a Student Code of Conduct. These are the rules and regulations you’re expected to follow when you’re on campus. All of these rules and regulations matter. Some of them are taken more seriously than others, though. Any of the following five violations can result in suspension or dismissal.
- Physical Abuse: All schools bar physical violence. Cal Poly goes further. In addition to actual violence, you can also be charged for threatening or endangering others, for harassment, and for intimidation.
- Weapons Possession: To further protect members of the campus, Cal Poly also bars all weapons use and possession. This applies not only to firearms but to explosives, fireworks, knives, dangerous chemicals, ammunition, and even replica weapons.
- Hazing: Physical violence is also prohibited in relation to organizational initiation. Students are further barred from subjecting initiates to psychological or emotional stress.
- Sexual Misconduct: Sexual discrimination and harassment are barred by Title IX, a federal law. This applies to all forms of sexual misconduct, from simple verbal harassment to stalking, dating violence, and rape.
- Substance Abuse: You are also prohibited from the use and possession of illegal drugs, including marijuana, and from the misuse of prescription drugs.
If you’re facing suspension or dismissal, it’s important to remember that these sanctions—as severe as they are on their own—also include a transcript notation about the nature of your offense. That notation can keep you from transferring to another school if you’ve been dismissed. Even if you return from a suspension and manage to complete your degree, a record of your offense can have an impact on graduate school applications and job opportunities.
There is far too much on the line to consider taking on Cal Poly by yourself. The attorneys at the LLF National Law Firm know how the university’s policies and procedures work, and we can show how to use your many due process rights to protect yourself.
The Disciplinary Process at Cal Poly
Let’s talk a little about those due process rights here. It’s no easy task navigating a university’s disciplinary system, and you can be sure Cal Poly will put as many roadblocks as it can in the way of your defense. It is important to note, however, that the university can’t simply accuse you and dismiss you. Just as in the criminal justice system, you are “innocent until proven guilty” (or in this case, “not responsible until proven responsible”).
Here’s what the disciplinary process looks like.
- Anyone on campus can lodge a complaint against you—other students, faculty, staff, administrators, security personnel. Before issuing a formal charge, though, the university must believe the complaint is credible and actionable.
- Cal Poly must provide you with notice of the charges any time you are under investigation. This notice must explain the allegations against you, and it must include a complete list of your due process rights.
- The university must undertake some type of investigation. The case cannot proceed to a hearing without substantiating evidence. As part of any investigation, you are entitled to present your own evidence and to give your side of the story. In addition, the university must allow you to review any evidence it uncovers.
- Once the investigation is complete, the university sets a time and date for a hearing.
- Hearings take place before one or more trained, unbiased decision-makers. Both sides have an opportunity to present evidence, including witness testimony. Both sides also have the right to raise questions about any evidence presented.
- All Cal Poly cases are subject to the “preponderance of the evidence” legal standard. According to this standard, you are responsible for (guilty of) an offense if it seems “more likely than not” that you committed that offense.
- University policy further provides you with the right to appeal a “responsible” verdict. To do so, you must be able to show you were denied a fair chance to defend yourself. That normally means new evidence, a procedural error, or a disproportionate sanction.
The university does not allow you legal representation at investigative meetings and hearings. You must speak for yourself. No one can prevent you from consulting with the LLF National Law Firm attorney, though. We can work with you to uncover evidence, coach you in how to talk with investigators, and even draft your hearing presentation. It’s our job to make sure you’re fully prepared to deliver your arguments and to hold the university accountable for respecting all your due process rights.
Fighting for Your Future
Handling your own disciplinary misconduct case puts your entire future at risk. Make sure you have a professional on your side, someone who not only knows how to construct a strong defense but who has experience helping student clients defend themselves from university charges. The LLF National Law Firm’s Student Defense Team will make sure you’re fully prepared to defend yourself. We’ll protect your rights and help you get the very best possible resolution to your case.
Sometimes, you have to fight for your educational future. We can help. To find out more, contact the LLF National Law Firm today at 888-535-3686, or fill out our online questionnaire.