Students make more than their fair share of mistakes. The thing is you're on your own for the first time, establishing your independence and figuring out what your life should be. In a word, you're learning, and that's never an easy prospect. The truth is that it would be odd if you didn't make some mistakes.
You don't actually have to make a mistake to wind up with a misconduct charge at the University of Alabama, though. Misunderstandings happen all the time, false allegations sometimes happen, and the fact that you're entirely innocent of the charges may not prevent you from being found responsible for (guilty of) the offense or from being assigned a sanction.
Whatever your situation—entirely innocent or guilty of making a mistake—the Lento Law Firm's Student Defense Team is on your side. We're committed to ensuring you get fair treatment from the University of Alabama. You deserve a vigorous defense and the best possible resolution to your case. We know your rights under the law, and we know how UA judicial processes and procedures work. You can count on us to use every resource at our disposal to defend you.
First, 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 University of Alabama
One of the things that makes avoiding a misconduct charge at UA so difficult is the fact that the university has so many rules and regulations. The Code of Student Conduct contains dozens of prohibitions on everything from underage drinking to "the operation of any form of gambling business or related activity."
In fact, there are so many rules in the Code that we can't list them all here. Instead, we'll focus on the most serious offenses, the ones that usually carry the most serious penalties.
- Physical Abuse: As you would expect, the Code forbids "physical harm" whether such harm is caused intentionally or through recklessness. In addition, the Code bars "intentionally or recklessly causing another person to come in contact with a bodily fluid." And the Code includes a separate rule against "threatening" behaviors.
- Weapons Possession: To further protect the campus community, UA also prohibits weapons possession on campus. You don't actually have to use the weapon. Simply possessing it, even in a vehicle, is enough to trigger a charge.
- Hazing: UA's anti-hazing policy is so broad as to make virtually any type of initiation activity a potential offense. Even harassing a pledge can garner an investigation. In recent years, organizations and their members have even been charged simply for keeping pledges up too late at night.
- Sexual Misconduct: Sexual misconduct isn't just a matter of UA policy. Under Title IX, it's prohibited by federal law. Colleges and universities are required to maintain strict policies and are encouraged to issue harsh penalties to anyone found responsible for an offense.
- Drug Use and Possession: UA doesn't just bar drug use and possession but also drug dispersal, distribution, attempted distribution, solicitation, and even "cultivation." In addition, the university bars the "improper use or possession" of products for the purposes of "altering mood or state of being."
The Code of Student Conduct also contains a list of potential sanctions. These range from disciplinary warnings to outright expulsion from the university. Obviously, sanctions like suspension and dismissal are more serious, but you should keep in mind that any offense that shows up on your transcript can have long-term consequences. A warning for disorderly conduct can be enough to interfere with scholarships, internships, graduate school applications, and even job prospects.
You must fight every allegation. The attorneys at the Lento Law Firm are here to help you do that.
Mounting A Defense to Misconduct Accusations
Whatever the allegations against you, UA must provide you with due process protections. In simple terms, the university must consider you “innocent until proven guilty” (“not responsible” until proven responsible”). “Proof” means uncovering concrete evidence, and it means allowing you the opportunity to refute such evidence at a formal hearing.
Here's a rough outline of the process.
- Violations are reported to the Office of Student Conduct (OSC), which must then determine if reports are credible. Even in these early stages of a case, there is sometimes an opportunity to intervene and convince the university of your innocence.
- If the OSC decides to proceed with charges, it must provide you with notice of those charges. This notice should include an explanation of the allegations and a full list of your due process rights.
- The OSC then assigns one or more Conduct Investigators to pursue the case. As part of the investigation, you should have the chance to give your side of the story, to offer evidence, and to suggest witnesses.
- Once Conduct Investigators have completed their work, they make a determination as to your responsibility for the offense. This determination is based on the “preponderance of evidence” legal standard. You are guilty if they are more than fifty percent convinced of your guilt.
- If you are found responsible (guilty), you may then request a hearing before a Conduct Body. A hearing affords you the opportunity to present evidence, including witness testimony. You may also raise questions about any evidence being used against you.
- Here again, the Conduct Board must apply the “preponderance of the evidence” standard in determining the case outcome.
- Even a responsible finding at this point is not necessarily the end of your case. You also have the right to appeal the hearing outcome if you can demonstrate that you were denied a fair chance to make your case.
Throughout the entire process, you have the right to an advisor, who may be an attorney. This means someone from the Lento Law Firm can help you defend yourself. We cannot "represent" you the way we would in a criminal trial. You must speak on your own behalf, for instance. However, we can prepare your defense, from uncovering evidence to outlining your presentation. We can draft documents on your behalf and coach you in making your arguments. Along the way, we'll be at your side to offer advice and ensure you're treated fairly.
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.
