It's not easy navigating university life. Northern Arizona University maintains dozens of rules and regulations—a miasma of policies that can confuse even the brightest students. You're monitored everywhere you go, twenty-four hours a day. Even small mistakes get treated as major offenses. Punishments can sometimes be severe.
If you should find yourself accused of violating some rule, working your way through NAU's judicial system can seem even more daunting. Processes and procedures are every bit as complicated as those in the criminal justice system. You do have rights, but it's not always easy to know how to use those to your benefit. And where do you get help? NAU is now your adversary. Who's on your side?
The Lento Law Firm's Student Defense Team was established to protect student rights. We're practicing defense attorneys, but we're focused on helping students fight misconduct charges. We know the law, we know how NAU works, and we're always on your side.
We've helped hundreds of students fight charges their schools have leveled against them. We can help you to do the same. Call 888-535-3686 to find what we can do, or take a few minutes right now and fill out one of our online forms.
The “Rules” at Northern Arizona University
We can't possibly go over all the rules at NAU. There are simply too many. And anyway, there's already a document online that does that—the NAU Student Code of Conduct—and even this document can't tell you everything you need to know. Every department, every professor, every organization has its own set of regulations. That's one of the reasons it can be so hard to avoid committing an offense.
There are offenses, though, and then there are Offenses—big "O." What are the violations that can get you into the most trouble at NAU?
- Physical Harm: This is the heart of the NAU Code, and it's pretty inclusive. As you might imagine, a university's first job—after educating students—is to protect the safety and well-being of its campus. You're not just barred from physically harming others; you're also barred from making threats or causing any person to believe you might be planning to harm them. In addition, you can also be charged with an offense for harming yourself.
- Weapons Possession: This, of course, is an extension of the prohibition on physical harm. Except in very limited circumstances, NAU outlaws the "use, possession, display, or storage" of any weapon, dangerous instrument, or explosive. This includes open flames, torches, fireworks, and dangerous chemicals.
- Hazing: Again, this might be thought of as an extension of the first rule. Even in the case of initiation into a campus organization, students are prohibited from causing physical harm to others. In addition, NAU's anti-hazing policies make it an offense to cause psychological or emotional harm.
- Sexual Misconduct: This very particular form of harm is not just a matter of school policy but of federal law. Title IX prohibits a variety of sexually-based offenses on college campuses, including verbal harassment, stalking, dating violence, sexual assault, and rape.
- Drug Possession: NAU bans drug possession, use, sale, and distribution. In fact, it even bars possession of drug “paraphernalia.”
These five offenses typically result in either suspension or dismissal. The fact is, though, that any offense, no matter how minor, can lead to long-term consequences if it should appear on your transcript. Internship committees, graduate schools, and employers all take a dim view of disciplinary misconduct.
The moment you find yourself accused, it's important you contact someone from the Lento Law Firm. We know how to deal with accusations, and we can make sure NAU treats you fairly.
Judicial Processes and Procedures
As a starting point, you should know that you are entitled to a presumption of innocence (“not responsible”). In addition, the university must provide you with several due process rights designed to ensure justice is done.
- The Dean of Students holds jurisdiction over disciplinary misconduct issues. Anyone may accuse you of an offense, but only the Dean may issue formal charges against you.
- Any time the Dean issues charges, they must provide you with official notice of those charges. This notice must include a description of the allegations and a complete list of your due process rights.
- Throughout the process, you have the right to an advisor of your choice. This means a Lento Law Firm attorney can accompany you to all meetings and proceedings, provide you with advice, and help you present your case.
- The Dean then undertakes an investigation into the complaint. Typically, they begin by interviewing the respondent (you, the accused) and any complainants (your accuser or alleged victim). In addition, they collect physical evidence and speak with any witnesses.
- Once the investigation is complete, the Dean makes a decision as to your level of responsibility (guilt). This decision must be based on a “preponderance of the evidence.” You are only responsible if the Dean believes it is “more likely than not” that you committed the offense.
- If you are found responsible, you may then “appeal” this decision to a full three-panel Hearing Board. As part of the hearing, you may offer evidence and call witnesses. You are further entitled to raise questions about any evidence being used against you.
- Once again, the standard of responsibility is “preponderance of the evidence.”
- Finally, you have the option to request a “review” of a responsible outcome. However, in this case, you must have very specific grounds for such a review, such as evidence of a procedural error, the discovery of new evidence, or a very specific complaint about the severity of the sanction.
Your Lento Law Firm attorney cannot speak for you, but they will help you to prepare and present your case from start to finish. It's their job, for instance, to conduct an investigation on your behalf. They'll make sure you're ready to face investigative questions. They'll work with you to draft your hearing presentation, suggest questions for witnesses, and even coach you in delivering your arguments. Through it all, they'll be at your side to make sure you're treated fairly and that you get a just resolution to your case.
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 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.
