No one is immune from a disciplinary misconduct charge. Even the brightest students make mistakes, and when you're facing a tangled web of policies, rules, and regulations, it's actually not that hard to make one.
Or maybe you didn't make a mistake. Misunderstandings happen all the time. False allegations sometimes happen, and you can wind up accused even if you're entirely innocent.
Whatever your situation, if you've been accused of some type of misconduct, the Lento Law Firm is on your side. Our Student Defense Team understands exactly what you're up against, and we want to make sure you're treated fairly. We know the law, and we know Oregon State policy and procedure. We can help you navigate the system and show you how to use that system to your best advantage.
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 Oregon State University Code of Conduct
One reason it's so hard to avoid a misconduct charge at OSU? The university's Code of Conduct runs to forty-six pages. Forty-six. That's not the sort of light reading you can fit in between your calculus and chemistry homework.
It is important, though, that you at least skim this document so you have a handle on the university's expectations. To give you a head start, we want to highlight the most serious offenses, the ones that often lead to the most serious sanctions.
- Harm to Persons: The quickest way to get yourself in trouble at OSU? Do someone else on campus physical harm. In fact, the university goes further, barring "emotional or psychological injury" as well as the infliction of "distress." In addition, the Code includes specific prohibitions against threats, bullying, endangerment, and harassment. That is, you don't actually have to cause harm to find yourself charged with an offense.
- Weapons Possession: OSU takes a no-tolerance approach to weapons use and possession. Firearms, knives, dangerous chemicals, slingshots, explosives, bows, and brass knuckles are all explicitly banned from campus. In addition, the university prohibits the misuse of firearms off campus.
- Hazing: Most hazing activities are already covered under other Code policies, but OSU's anti-hazing policy serves as a reminder that students are prohibited from endangering others as part of any organization's initiation activities.
- Sexual Misconduct: Here again, sexual misconduct violates numerous entries in the Code of Conduct. However, sexually-based offenses are also violations of federal law under Title IX. The government requires all schools to investigate complaints, and it encourages schools to impose harsh penalties on all students found responsible.
- Drug Possession: Marijuana usage is legal in Oregon, but be advised that it remains illegal under federal law, and the university maintains specific rules and regulations barring the violation of any state or federal statutes.
What kinds of sanctions are we talking about? The minimum penalty for violating one of these five rules is usually suspension. Dismissal is also a likely outcome. Both of these sanctions include a transcript notation about your offense, and that can have serious repercussions for your professional career. Never mind the fact that dismissal probably means heading on to the job market without a degree, few employers are willing to consider an applicant with a history of disciplinary misconduct.
Don't take chances with your future. If you're facing allegations, contact the Lento Law Firm immediately to find out how we can help.
Judicial Processes and Procedures at Oregon State
The good news is that you are entitled to some strong due process protections, like the presumption of innocence. The bad news is, it's not always easy to navigate OSU's judicial processes and procedures.
Here's a brief overview of what you can expect.
- Misconduct complaints are generally handled by the Student Community Standards office. This office makes initial decisions about whether a complaint is credible and actionable.
- If the SCS decides to issue formal charges against you, you'll receive notice of those charges. This notice should explain the allegations and include a list of your other due process rights.
- Among your several rights, you are entitled to an advisor of your choice. This means that from the moment you are accused, your Lento Law Firm attorney can be at your side to help you answer questions and present your case.
- The SCS needs evidence to substantiate any charges. This usually means it will conduct an investigation into the complaint. As part of this investigation, you are allowed to provide your version of events, offer evidence, and suggest witnesses for investigators to interview. In addition, investigators should keep you apprised of any evidence they uncover.
- Once the investigation is complete, the SCS then sets a time and date for a hearing. Minor allegations are heard through administrative hearings. More serious allegations appear before an SCS “committee.”
- In all hearings, you have the right to present evidence in defense of your innocence or to otherwise explain your actions. That evidence can be physical, but you may also call witnesses to testify. Further, you are entitled to raise questions about any evidence being used against you.
- The standard of responsibility at OSU is “preponderance of the evidence.” This standard means you are responsible (guilty) if decision-makers are more than fifty percent convinced of your responsibility.
- You can appeal the outcome of your hearing if you are found responsible. However, you must have some grounds for an appeal, such as a procedural error, new evidence to present, or a sanction that is clearly disproportionate to the offense.
Note that your Lento Law Firm attorney cannot speak for you. They aren't "representing" you the way they would during a criminal trial. However, they'll prepare your case and make sure you're ready to present it, from conducting an investigation to coming up with questions for witnesses to filing an appeal if that becomes necessary. It's your attorney's job to ensure you're afforded every right to which you are entitled and that you get the best possible 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.
