It's not that hard to run afoul of Santa Clara University's disciplinary misconduct policies. The university maintains dozens of rules against everything from underage drinking to misuse of computer resources. Even if you're entirely innocent of the charges, you can't be sure what might happen at that point. Once SCU opens an investigation, it could lead anywhere, and colleges and universities these days have become positively draconian when it comes to assigning sanctions. Even minor offenses sometimes garner suspension and dismissal these days.
Whether you are entirely innocent or you did make some sort of mistake, the Lento Law Firm's Student Defense Team wants to make sure you're treated fairly and that you get a just resolution to your case. We know Santa Clara University's disciplinary policy, and we're familiar with how campus judicial procedures operate. Whatever your situation, we'll use every resource at our disposal to fight for your educational future.
Before we can do that, though, 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 the Santa Clara University
As we mentioned, SCU maintains a long list of disciplinary offenses, which is too long a list to go into here. To find out about rules against things like tobacco usage and trespassing, we recommend taking a close look at the Student Conduct Code section of the Student Handbook. Here, though, we want to highlight some of the more serious offenses mentioned in the handbook, the ones that can get you suspended or dismissed.
- Physical Abuse: Like any other community Santa Clara University is committed to protecting its members. That starts with a prohibition on all types of physical abuse. In addition, you can be charged with related offenses such as "detention" and for "endangering" other persons even if you don't actually harm them.
- Weapons Possession: Weapons on campus has become an urgent issue in recent years. SCU not only bars all types of weapons but “simulated weapons” such as toy guns.
- Hazing: This is another disciplinary misconduct offense that has made headlines and is taken very seriously on all college campuses. SCU doesn't just investigate activities where pledges are physically injured. You can be charged for “endangering” others, and the school's anti-hazing policy covers acts that endanger others' mental and emotional health as well as their physical safety.
- Sexual Misconduct: these offenses are governed by Title IX, a federal law. The US government requires schools like SCU to investigate all credible sexual misconduct complaints and encourages the imposition of severe penalties.
- Drug Use and Possession: SCU's Code also prohibits the use, possession, and distribution of illegal drugs. Note that the policy extends to drug-related materials like “equipment” and drug “paraphernalia.”
Students sometimes ignore minor charges or simply accept the prescribed punishment, even when they're innocent. It may feel like more trouble to fight than to move on. However, it's important you recognize that all charges and all punishments are serious. Even a warning for vandalism can have long-term effects on your academic and professional careers if it should appear on your transcript. It's always best to challenge any allegation. The attorneys at the Lento Law Firm are dedicated to helping you do that.
Mounting A Defense to Misconduct Accusations
The Santa Clara student handbook isn't just a list of rules and regulations. It also outlines the SCU judicial process. It turns out, you have some important rights any time you're accused of an offense.
- Anyone may lodge a complaint against you with the university. However, you are innocent until proven guilty (“not responsible until proven responsible”), and SCU must follow its own due process procedures in terms of issuing charges, conducting investigations, and holding hearings.
- Any time you are charged with an offense, for instance, you are entitled to official notice of those charges. That notice should apprise you of your due process rights and offer a clear explanation of the allegations against you.
- The university cannot proceed against you without evidence. As a result, you can expect a conduct officer or panel to pursue the facts in the case. As part of this process, you have the right to give your side of the story. You also have the right to review any evidence investigators uncover.
- Once investigators have completed their work, the case is turned over to a different conduct officer or panel for a hearing.
- The hearing is your opportunity to make your full case for your innocence or to otherwise explain your behavior. You have the right to present physical evidence and to call witnesses to testify. You may also raise questions for any witnesses testifying against you.
- SCU employs the “preponderance of the evidence” legal standard in resolving all misconduct cases. According to this standard, you are guilty if decision-makers believe it is “more likely than not” that you committed an offense.
- Should decision-makers find you responsible, you have the right to appeal. You must have sufficient grounds for such an appeal, though. Normally, grounds are limited to issues of fairness, such as a procedural error, the discovery of new evidence, or a disproportionate sanction.
While you have many important due process rights at SCU, the university prohibits you from bringing an attorney with you to judicial proceedings. Note that the Lento Law Firm regards this as a serious threat to campus justice. However, we can still make crucial contributions to your defense.
The moment you contact us, we'll begin working to uncover evidence. We'll coach you on how to respond to investigative questions, and we'll work with you to develop your overall defense strategy. You can count on us to draft documents on your behalf, prepare evidentiary exhibits, and even outline your hearing presentation. We'll even give you practice in making that presentation. Most importantly, we'll make sure the university doesn't deny you any other due process rights and ensure that you get a fair and 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.
