Colleges and universities are dedicated to educating students. They cannot function, though, if they do not operate effectively as communities. San Jose State University has a strict Student Conduct Code designed to protect members of its community, and it doesn't matter how impressive your academic credentials may be; violate the rules and regulations of this Code, and you can find yourself facing probation, suspension, and even dismissal.
The SJSU judicial system is every bit as complex as the criminal justice system, and you cannot afford to try and take it on alone. The moment you're accused of a disciplinary misconduct offense—any offense—it's important you get help.
The Lento Law Firm is the premier firm in the country when it comes to protecting student rights. Our Student Defense Team has worked with hundreds of students, defending them from all types of charges. We know what you're up against, we know the SJSU system, and we're always on your side and ready to help.
However, before we can help, you have to contact us. Call 888-535-3686 to find out how we can help, or take a few minutes right now and fill out one of our online forms.
Standards of Conduct at San Jose State University
Any violation of SJSU's Student Conduct Code can be a serious matter, whether you've been accused of simple trespassing or underage drinking. Without question, though, some allegations are more serious than others, and these offenses warrant special attention.
- Violence: Any time you harm or threaten to harm another member of the campus community, it's a big deal. In addition to physical harm, SJSU also bars threats, intimidation, and harassment.
- Weapons Possession: As a further check on campus safety, SJSU also bars possession of firearms, ammunition, explosives, fireworks, knives, and dangerous chemicals. Note that you can charged with an offense even for possessing a “replica” of a weapon.
- Hazing: As with other types of “violence,” SJSU not only bans hazing that might lead to physical harm but hazing that might lead to “mental harm” as well. Even simple harassment of a pledge is enough to trigger an investigation.
- Sexual Misconduct: Sexually-based offenses are prohibited at all college campuses under Title IX, a federal law. The government requires SJSU to investigate all credible complaints, and it encourages the implementation of severe penalties.
- Drug Possession: SJSU prohibits the possession, use, manufacture, and distribution of illegal drugs. You can also be charged for misuse of legal drugs and for possession of “drug-related paraphernalia.”
Any violation of the Code can lead to suspension or dismissal. These offenses are almost always punished with such sanctions. Suspension and dismissal are serious outcomes in their own right, but they also include a transcript notation about your offense. That can prevent you from transferring to another school, interfere with scholarships and internships, and keep you out of graduate school. In fact, even if you manage to complete your degree, a record of disciplinary misconduct can follow you throughout your career.
Any time the stakes are this high, you need help from a professional. The attorneys at the Lento Law Firm work in the field of student defense, but make no mistake—they are top-notch defense attorneys, and they represent your very best chance to salvage your future.
Mounting A Defense to Misconduct Accusations
It's no simple task defending yourself from a misconduct charge at SJSU. However, San Jose State does maintain a clear set of judicial procedures. The university is required to provide you with due process, including the presumption of innocence (“not responsible”). You can expect an investigation, and you should have the opportunity to make the case for your innocence at a hearing.
Here's how things usually work.
- Anyone can accuse you of a disciplinary misconduct offense. As the accused, you are referred to as the “respondent.” Your accuser or alleged victim is referred to as the “complainant.” The central issue in a misconduct case is whether or not you are “responsible for” or guilty of the offense.
- You will know you have been charged because you'll receive official notice of the charges. This notice should explain the allegations and include a list of all your due process rights.
- One of your most important rights is the right to an advisor of your choice. This means that from the very beginning of the case, a Lento Law Firm attorney can accompany you to investigative meetings and other proceedings to help you present your defense.
- The university needs evidence in order to proceed with charges. As a result, you can expect it to conduct some type of investigation. As part of this process, you have the right to give your side of the story. In addition, you have the right to review any evidence investigators uncover.
- Once the investigation is complete, investigators turn their findings over to the university. These become the foundation for the next phase of the case, a hearing before a panel of decision-makers.
- Both sides make their cases at the hearing. You can offer arguments, introduce evidence, and call witnesses to testify. You may also raise questions about any evidence being used against you.
- Decisions are based on the “preponderance of the evidence” legal standard. According to this standard, you are responsible (guilty) if it seems “more likely than not” that you committed the offense.
- A not-responsible verdict means the end of the case. If you are found responsible, you still have the option to appeal that outcome. However, you must have “grounds” for an appeal, such as a procedural error, new evidence to present, or a disproportionate sanction.
Your Lento Law Firm attorney cannot "represent" you the way they would in a criminal trial. SJSU requires you to speak for yourself. We can prepare you to do that, though. Your attorney can help you find evidence, identify your strongest arguments, draft your hearing presentation, and coach you on how to deliver that presentation. Along the way, they'll also pay close attention to how you're treated. Your Lento Law Firm attorney is dedicated to protecting your rights and ensuring you get the best possible resolution to your case, whatever that takes.
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.
