Disciplinary Misconduct at the University of California, Berkeley

You work hard as a UC Berkeley student, getting yourself to class every day, studying when you're not in class, writing papers, and prepping for exams. You know how important your grade point is to your future, and you're determined to keep it up.

Just one disciplinary misconduct offense can undo all that hard work, though. It's important that you know the rules at UCB and follow them. It's just as important that, if you should find yourself accused of a policy violation, you know what to do. You need to be familiar with university judicial processes. Those processes can be confusing, though, so you also need to know how to get help navigating them.

A misconduct defense can be a real fight. You're taking on the weight of a large and prestigious institution. You need someone in your corner fighting alongside you. The Lento Law Firm is on your side no matter what the situation, no matter what the charges. Our Student Defense Team has defended hundreds of students, just like you, from every conceivable allegation. We'll protect your rights and ensure you get the best possible resolution to your case.

What can we do for you? Contact the Lento Law Firm today to find out. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.

UC Berkeley Standards of Conduct

UCB's rules and regulations are contained in the Code of Student Conduct under “Grounds for Discipline.” It's a long list that includes everything from stalking to forgery, and it can be difficult to keep it all straight. Additionally, many regulations are vaguely worded, which virtually guarantees confusion.

  • “Disorderly Conduct," for instance, is defined as "Disorderly or lewd conduct." That's a bit circular.
  • Use of alcohol is prohibited if not “in compliance with University policy or campus regulations,” though this prohibition offers no explanation of those policies or regulations.
  • You can also be accused of “Unauthorized Conduct,” whatever that means.

It's easy to make a mistake, even without realizing you've made one, and you can never tell when the university might decide to charge you with an offense. Keep in mind as well that, even if you're innocent, it's not always easy to prove you are innocent. What may look like obvious exonerating evidence to you might look to the university like evidence of your guilt.

If you are found Responsible for (guilty of) a disciplinary misconduct offense, you can be assigned penalties ranging from a simple warning to outright dismissal. Whatever the charge, though, and whatever the proposed sanction, you must take the situation seriously. Even a warning can cost you scholarships, internships, graduate school positions, and even job opportunities if it shows up in your permanent record.

What does taking things seriously mean? It means you must fight to keep your name clear. The Lento Law Firm can help you do that.

Mounting A Defense to Misconduct Accusations

You have a number of important rights at UC Berkeley, rights designed to protect you should you wind up accused of an offense. It's not always easy to know how to use those rights effectively, though. Processes and procedures can be complex. For instance,

  • Cases typically begin with a complaint lodged with the Center for Student Conduct. Complaints must be credible and actionable, though, in order for the Center to issue formal charges.
  • You are entitled to notice of the charges against you. This notice should identify the Complainant (your accuser), provide details of the allegations, and list all of your due process rights.
  • You can expect UCB to conduct a full investigation. You are presumed “Not Responsible” (innocent), and the university cannot decide you are “Responsible” (guilty) without clear evidence. You have the right to give your side of the story, but as in the real world, anything you say could be used against you.
  • At the conclusion of the investigation, investigators submit a written report of their findings to the Center for Student Conduct. The Center then sets a time and date for an official hearing.
  • At the hearing, you offer arguments in defense of your innocence or to explain your actions. You back these arguments with evidence and witness testimony. Of course, the other side in the case will do the same, but you'll have the opportunity to dispute their evidence and raise questions for any witnesses against you.
  • The standard of guilt (responsibility) at UC Berkeley is "preponderance of the evidence." Most students aren't familiar with this standard. It means that you are guilty if hearing panel members are more than fifty percent convinced you committed the offense.
  • It is possible to appeal a case should you lose. However, you cannot appeal simply because you disagree with the outcome. You must have grounds—some reason why you feel you were treated unfairly by the process. Grounds at UCB can include newly discovered evidence or an allegation of procedural error.

Cases can be further complicated by other factors. Sometimes, for example, UC Berkeley will move to apply an "interim measure," such as suspension, before the investigation takes place. Or you might be charged in conjunction with another student or an organization. It can be difficult in such situations to determine just who is responsible for what and who, if anyone, is innocent.

Luckily, UC Berkeley gives you the right to an advisor, and you can choose anyone to serve in this role, including an attorney. You want to make the most of this right, though, by choosing the Lento Law Firm attorney. The Lento Law Firm is the premier firm in the country when it comes to defending students. You can count on us to put your entire defense together, from compelling arguments to questions for witnesses. While we cannot speak for you during meetings and hearings, we can be on hand to offer advice and help you present your case. We'll also keep a close eye on everything that happens and ensure you are treated fairly from start to finish.

Fighting for Your Future

Don't risk your academic future by trying to handle a disciplinary misconduct charge yourself. 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.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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