We all make mistakes, even bright, hard-working college students. Well, especially college students. The thing is, you're supposed to be making mistakes. College is all about learning, and there's no better way to learn than messing things up.
So the question isn't really how to avoid making mistakes as a San Diego State University student. The question is how to handle a mistake once you've made one. What you do now will define you and who you become.
Whether you've genuinely screwed up or you're the victim of some sort of misunderstanding, the Lento Law Firm is on your side and ready to help you move forward. Our Student Defense Team is dedicated to protecting student rights and ensuring that a mistake doesn't harm your academic future. We know how SDSU operates and how to use judicial processes and procedures to defend you.
The moment you find yourself in trouble, it's important you contact us. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Standards of Conduct at San Diego State University
Let's start simple. What is it that can get you into trouble at SDSU? It's actually a pretty long list. In fact, at least one important reason why so many students find themselves facing misconduct charges is that they can't keep all the rules straight.
We don't have time to go over SDSU's entire Student Code of Conduct, but it is worth highlighting some of the rules that can get you into the most trouble.
- Firearms Possession: Campus violence over the last two decades has made all colleges and universities hyper-vigilant about protecting their students. Simply having a firearm on campus can get you into serious trouble. The prohibition extends to explosives, fireworks, dangerous chemicals, and even firearm “replicas.”
- Drug Possession: In addition to drug possession, SDSU outlaws drug manufacture and distribution. You can be charged for possession of drug “paraphernalia” and for misuse of prescription drugs.
- Hazing: Almost any type of initiation activity is barred under SDSU's anti-hazing policy. You can be charged with endangering another person's physical or mental health, which means anything from simple verbal harassment to preventing pledges from studying can qualify as an offense.
- Physical Violence: SDSU prohibits any act that “threatens or endangers” the health or safety of anyone on campus.
- Sexual Misconduct: Like all US colleges and universities, SDSU is required to investigate and adjudicate allegations of sexual misconduct, including harassment, stalking, dating violence, and rape.
As part of the California State University system, SDSU is authorized to implement a range of sanctions, from restitution and loss of financial aid to probation, suspension, and expulsion. Keep in mind, however, that any punishment, even a warning, can have serious long-term repercussions on your future if it shows up on your transcript. A warning for disorderly conduct can interfere with graduate school applications and raise questions at job interviews. You cannot afford to take any allegation or any proposed penalty lightly. You must defend yourself, and you need the best possible help you can find to help you do that. That means making sure someone from the Lento Law Firm is in your corner from the moment you're charged.
Mounting A Defense to Misconduct Accusations
SDSU cannot simply accuse you of disciplinary misconduct and dismiss you. You have important due process rights, such as the right to a presumption of innocence (“not responsible”). To overcome that presumption, the university needs concrete evidence, and as part of the process, you always have the right to refute this evidence at a formal hearing.
- SDSU's Center for Student Rights and Responsibilities handles all disciplinary matters at the university. Cases typically begin when someone lodges a complaint against you.
- If the Center decides the complaint is credible, it issues a written notice of the charges. This notice must describe the allegations and explain all of your due process rights.
- One of your most important rights is the right to an advisor. As part of this right, you're allowed to choose an attorney to serve in this role. This means that the Lento Law Firm attorney can be at your side from the very beginning of your case to help you answer questions and present your defense.
- The Center then conducts an investigation. Again, the university cannot proceed against you unless it can substantiate the charges with evidence. You have the right to give your side of the story to investigators, to submit evidence, and to suggest witnesses for them to interview.
- At the conclusion of the investigation, investigators submit a written report of their findings. You have the right to review this document and all evidence in your case. Once the Center has the investigative report, it sets a time and date for a formal hearing.
- Hearings take place before a Hearing Officer. Both sides get to present arguments and evidence in support of these arguments, including witness testimony. Both sides also have the right to raise questions about evidence and to cross-examine witnesses.
- The Hearing Officer uses the “preponderance of the evidence” standard to decide the case. According to this standard, you are guilty if it seems “more likely than not” that you committed the offense.
- You can appeal the hearing outcome should you lose your case. However, you must have clear grounds to do so. Grounds involve issues of fairness, such as
- A procedural error that prevented you from getting a fair hearing;
- New evidence that wasn't available but could have changed the outcome;
- A sanction that is obviously more severe than the offense deserves.
The Lento Law Firm attorney cannot “represent” you the way an attorney might at a criminal trial. However, they play an enormous role in constructing your defense. It's their job, for instance, to help you uncover evidence and identify your best arguments. They'll coach you in responding to investigative questions, work with you to outline your presentation, and be on hand to help you any time you get stuck.
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.
