Colleges and universities are responsible not just for educating students but for ensuring their welfare. They take this responsibility very seriously. Sometimes, too seriously.
Schools like the University of Georgia have become far too quick to level misconduct allegations at students, and they've become almost draconian when it comes to issuing sanctions. Often, students find themselves facing the prospect of suspension or dismissal over relatively minor offenses.
If you've been charged with misconduct, it's important you take the situation seriously. What does that mean? It means finding out everything you can about the charges; it means carefully gathering materials for your defense; most importantly, it means seeking the best help you can find.
The Lento Law Firm's Student Defense Team is on your side, no matter what. We're attorneys, but we're not just attorneys. We focus specifically on student defense. We know UGA's rules and regulations, and we know how the university's judicial processes and procedures operate. You can count on us to do everything in our power to protect your rights and get you a just resolution.
What can we do to help you? Find out by calling 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Standards of Conduct at the University of Georgia
First things first—what is it that can get you into trouble at UGA? After all, the best defense to a charge of misconduct is to avoid committing misconduct.
Like all colleges and universities, UGA maintains a Student Code of Conduct. Like all student codes of conduct, it is extensive, with dozens of rules regulating everything from disorderly conduct to bribing a university official. We can't possibly list all the offenses in the code here, but we can provide a list of the most serious offenses, the ones that can lead to the most serious sanctions.
- Physical Violence: No community can function effectively if its members don't feel safe. One of the most important structures in the code is an outright prohibition on any sort of physical violence. Further, you can be charged for any action that "endangers" the health or safety of someone on campus.
- Hazing: Hazing isn't just about the physical harm you might cause to initiates. UGA's anti-hazing policy covers mental, psychological, and emotional harm as well, and you can be charged for “endangering” others even if you don't actually do them any harm.
- Sexual Misconduct: This includes a range of behavior, from stalking all the way to rape. Commit sexual misconduct on campus, and you are subject to the federal Title IX statute. Even off campus, though, UGA has rules that govern such offenses.
- Drug Use and Possession: Drug use, possession, manufacture, distribution, and sale are all prohibited under UGA policy. While state laws regarding marijuana remain in flux, this drug remains illegal under federal law, and UGA continues to take a no-tolerance policy toward its use.
As you would expect, UGA bases sanctions on the specific context of individual Code of Conduct violations. Depending on the severity of your offense, you could receive anything from an educational sanction to removal from housing to restitution to outright expulsion. Keep in mind, though, that any sanction that shows up on your transcript can cost you scholarships, internships, graduate school opportunities, and even jobs. No employer wants to hire someone with a history of disciplinary misconduct.
It is important you fight every allegation and every proposed sanction. The Lento Law Firm is here to help you do just that.
Mounting A Defense to Misconduct Accusations
UGA's Code of Student Conduct also explains how you defend yourself from disciplinary misconduct charges. The university can't simply accuse you and slap you with a sanction. There's a formal process, and you have due process rights designed to ensure you're treated fairly and that justice is done.
Here's what you can expect.
- Cases begin when someone makes a complaint about you to the Office of Student Conduct. This office must then determine whether the complaint is credible and actionable.
- If Student Conduct decides to proceed with formal charges, it must issue you notice of those charges. This notice explains the allegations and your several due process rights.
- Among your rights, you're entitled to an advisor. The Lento Law Firm attorneys can't speak for you, but they can be on hand throughout your case to provide guidance.
- Next, the university conducts a full investigation. As part of this investigation, you have the right to give your side of the story. You can also submit evidence and suggest witnesses for investigators to interview.
- The length of an investigation can vary from a few days to several months. No matter how long it takes, though, investigators eventually submit their findings to the Office of Student Conduct, which then sets a time and date for a hearing.
- Serious hearings take place before a panel of decision-makers. Both sides offer evidence in support of their arguments, including both physical evidence and witness testimony. Further, you have the right to raise questions about any evidence against you and to cross-examine witnesses.
- Decision-makers are required to utilize a legal standard known as "preponderance of the evidence." According to this standard, you are guilty if they are more than fifty percent convinced of your guilt.
- You have one additional right as well—the right to appeal the hearing outcome. However, you cannot appeal simply because you disagree with that outcome. You must have "grounds" for your appeal. Grounds at UGA are limited to issues such as procedural errors, the discovery of new evidence, and disproportionate sanctions.
This outline only begins to sketch the complexities of disciplinary misconduct cases. Every case is different, and it's no easy task preparing yourself to present arguments, offer up evidence, and question witnesses. Luckily, you're not in this alone. The Lento Law Firm attorney will help you with all aspects of your case, from uncovering evidence to preparing evidentiary exhibits. They'll make sure you're ready for anything you have to face, and they'll be on hand from start to finish to ensure the university respects your rights.
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.
