Duke is among the most prestigious educational institutions in the country. It was no easy task getting in. Here's the thing, though: once you're in, the university will do everything it reasonably can to help you succeed. It's not just that there are learning centers, tutors, and study groups. If your grades should slip, you're not simply dismissed. Instead, you're placed on academic probation and given a chance to improve.
On the other hand, if you should commit a serious form of disciplinary misconduct—weapons possession, for example, or assault—you could find yourself instantly dismissed.
Well, not instantly. You always have the right to defend yourself from misconduct charges. You have the right to an investigation. You have the right to a hearing. You also have the right to hire a Lento Law Firm attorney to help you. Why the Lento Law Firm? Our Student Defense Team is the premier team in the country when it comes to protecting student rights. We're attorneys, but we're focused on student clients. We know the law, and we know how Duke operates. No one gives you a better chance of salvaging your educational future than we do.
For more information or to find out what we can do for you, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
Standards of Conduct at Duke University
The Duke Community Standard contains a complete list of university rules and regulations. Duke describes this as an “A to Z” list, and they aren't kidding. There's no “X” offense and no “Z” offense, but the list starts with “Alcohol and other Drugs” and ends with “Weapons, Firearms, Explosives.” In between, there are prohibitions about everything from “Noise” to, of course, “Bridge Painting.”
Time and space do not allow for a full discussion of all Duke's rules, but some are definitely more important than others.
- Underage Drinking: If it's a violation of the law, you can be sure Duke has a prohibition against it. In fact, the Standard contains a separate rule specifically against violations of the law. Alcohol consumption is illegal for anyone under 21, and it's also against university policy.
- Drug Possession: Here again, Duke takes its direction from federal and state laws regarding drugs.
- Hazing: With the number of injuries and deaths related to hazing over the last two decades, it is no surprise that Duke maintains a strict policy against the practice. As it happens, hazing is also contrary to North Carolina state law, though school policy goes significantly further than that statute.
- Weapons, Firearms, Explosives: In this case, university policy runs counter to state law. North Carolina has legalized weapons possession on campus. Duke, however, remains steadfast in its total ban.
These offenses tend to bring stiffer penalties than others. Simple theft and trespassing are more likely to earn warnings. Keep in mind, though, that you don't need to be facing suspension or expulsion for your future to be at risk. Even a warning for disorderly conduct can be enough to affect your career. Most employers are reluctant to consider hires with a record of disciplinary misconduct, no matter how minor the offense. As a result, you must fight every allegation, large or small, and every sanction.
Mounting A Defense to Misconduct Accusations
Luckily, as a Duke University student, you are always entitled to due process. The university must presume you are innocent, for instance, and can only punish you if it uncovers concrete, credible evidence of your guilt.
Here's how the process works.
- First, someone lodges a complaint against you with the Office of Student Conduct and Community Standards (OSCCS).
- Next, the OSCCS issues a Notice of the Charges. This written document should outline the charge against you and apprise you of your other due process rights.
- The OSCCS conducts an investigation. You have the right to give your side of the story. In addition, investigators speak with potential witnesses and gather any physical evidence.
- Investigators are tasked with submitting a written report of their findings. Once the OSCCS receives this report, it sets a time and date for a hearing. Hearings can take place before a single administrator, or you may be entitled to present your case to a panel of decision-makers.
- In either case, you should be allowed to offer up arguments, introduce evidence, and call witnesses. In addition, you can raise questions about any evidence against you, and you may cross-examine witnesses testifying against you.
- The standard of “guilt” (Responsibility) at Duke is “preponderance of the evidence.” Unlike “beyond a reasonable doubt,” you are responsible if decision-makers are more than fifty percent convinced of your guilt.
- You can appeal a Responsible finding. However, appeals must be based on clear “grounds.” Grounds at Duke are limited to
- The discovery of new evidence not available at the time of the hearing;
- A procedural error significant enough to have influenced the outcome of the hearing.
Note that while Duke does afford you the right to an "advisor" to help you present your case, this advisor cannot be an attorney. Do not let this dissuade you from consulting with a Lento Law Firm attorney. Even if your attorney can't step one foot onto campus, they can be crucial to the success of your defense. They will, for example,
- Design your entire defense
- Work with you to uncover evidence
- Prep you to speak with investigators
- Help you prepare exhibits for the hearing
- Suggest questions for witnesses
- Draft documents on your behalf
- Coach you in presenting your case
- Work with you to file any necessary appeals
Finally, above and beyond any of these services, you can count on your Lento Law Firm attorney to keep a close eye on everything that occurs. They'll make sure you're treated fairly and that you get a just resolution to your case.
Fighting for Your Future
Don't risk your academic future by trying to handle a disciplinary misconduct charge yourself. Processes and procedures are complex and difficult to navigate. 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 Lento Law Firm's Student Defense Team will make sure you're fully prepared to defend yourself. They'll protect your rights. They'll help you to 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 Lento Law Firm today at 888-535-3686. Or, fill out our online questionnaire.
