All students are vulnerable to disciplinary misconduct charges. All students. Think you're above a charge because you're an athlete, or a member of a frat, or a 4.0 student? Think it can't happen to you because you would never even consider violating a university rule? Not everyone accused of misconduct is actually guilty. Misunderstandings happen all the time. Every once in a while, false allegations happen. And hey, we all make mistakes, even students who would never even consider violating a university rule.
Whatever your situation, the Lento Law Firm is here to help. Our Student Defense Team was founded to protect student rights. We've worked with hundreds of students just like you, protecting them from all sorts of charges. We know the University of Colorado-Denver rules, and we know the system—how disciplinary procedures work. We're dedicated to your success, and we'll use every resource at our disposal to get you the best possible resolution to your case.
What can we do for you? Call 888-535-3686 today to find out, or take a few minutes right now and fill out one of our online forms.
Navigating the Rules at UCD
Staying out of trouble at UCD starts with knowing the rules. After all, you're more likely to avoid a misconduct charge if you avoid committing misconduct. You can find all the university's rules in one place: the Code of Conduct. We don't have time to go over all those rules here—there are quite a few. What we can do, though, is discuss the most serious offenses, the ones that tend to carry the heaviest sanctions.
- Abusive Behavior: Obviously, you can get into serious trouble for harming others. Keep in mind, though, that UCD doesn't just prohibit physical violence. Any action that threatens a person's mental or emotional well-being qualifies as an offense. And note that use of the word “threatens.” You can be charged even if you don't actually cause harm.
- Weapons Possession: The Code is careful to note that Colorado law does permit some members of the campus to carry firearms. Otherwise, however, all weapons possession is explicitly forbidden. This extends to explosives, fireworks, and even ammunition. In fact, you can be charged with an offense for possessing a “harmless instrument” designed to look like a weapon.
- Hazing: Given the Code's ban on "abusive behavior," it won't come as a surprise that UCD prohibits such behavior when it's related to initiation into a campus organization.
- Sexual Misconduct: These offenses aren't just a matter of school policy. Sexual misconduct is prohibited under Title IX, a federal law. UCD is required to investigate all credible complaints and is encouraged to impose harsh penalties.
- Misuse of Drugs: UCD prohibits the use and possession of all “illicit” drugs. This includes marijuana, which remains illegal under federal law. A separate entry in the Code prohibits the misuse of prescription drugs.
Any one of these Code violations can result in a serious sanction like suspension and dismissal, even for a first offense. However, you don't have to be expelled from UCD to pay a heavy price for an offense. Even a warning for something minor like trespassing can affect your academic and professional futures if it shows up on your transcript. Graduate schools and employers aren't exactly anxious to accept graduates with records of misconduct.
In short, there's an enormous amount on the line any time you're accused of any type of misconduct. You don't want to try to handle an accusation by yourself. You don't have to. The Lento Law Firm is always on your side, and we're ready to protect both your rights and your best interests.
The UCD Disciplinary System
No matter what the charges against you, you're entitled to due process and some important rights to help you defend yourself. For example, UCD is obligated to presume you “innocent” (“not responsible”) until proven otherwise. It's not always easy to know how to use all these rights effectively, but your Lento Law Firm attorney can play a crucial role in guiding you through the disciplinary process.
- Cases begin when someone lodges a complaint against you with the Office of Student Conduct and Community Standards (SCCS).
- If the SCCS decides to issue formal charges (not every complaint warrants such a charge), you'll receive notification of those charges. This notification will explain the allegations so you'll know what it is you're accused of having done. It will also include a complete list of your due process rights.
- UCD doesn't conduct a formal investigation in most cases. Instead, a “Conduct Conference” serves as both the investigative and adjudication processes. A Conduct Conference can involve the Complainant (the accuser or alleged victim), or the SCCS may conduct multiple Conduct Conferences as part of its fact-finding objectives.
- Conduct Conferences take place before a Conduct Educator. You have the right to submit evidence to this Educator, including witness statements. Remember that you are presumed innocent. This means your most important job may be simply to raise objections about evidence being used against you. You should have access to this material prior to the Conference so you have time to prepare.
- The standard of responsibility (guilt) at UCD is “preponderance of the evidence. According to this standard, the Educator cannot find you responsible unless they are convinced that it is “more likely than not” that you committed the offense.
- A "not responsible" outcome means your case is over. If you are found responsible, you still have the option to appeal that outcome. However, you must have grounds for such an appeal. Grounds have to do with issues of fairness and typically include issues like procedural errors, the discovery of new evidence, or allegations of a disproportionate statement.
Your Lento Law Firm attorney cannot speak for you during the disciplinary process. You must offer your own arguments. However, we can make certain you are prepared to do that. We can, for instance, help you identify evidence and map out your strongest arguments. We can make sure all your materials are in order and coach you in presenting this material at the Conduct Conference. We can draft an appeal if that's necessary. Most importantly, we'll make sure the university treats you fairly and respects all of your due process rights.
Trust the Lento Law Firm
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.
