Students don't always realize that their behavior is as important to their success at college as their grade point, maybe more. The fact is, you can probably get away with a low grade or two on your transcript. Most employers understand that calculus isn't everyone's bag and that freshman comp is a lot tougher than it sounds. One black disciplinary mark on your record, though, and suddenly, you may seem like a risky employment prospect.
You do have rights as a student, even if you've been accused of misconduct. The University of Pennsylvania can't simply charge you and punish you. You're entitled to a full investigation, for instance, and to defend yourself at a hearing. These processes aren't simple, though, and you're going to need help protecting yourself.
No one in the country knows more about student defense than the attorneys at the LLF Law Firm. Our Student Defense Team was founded to protect student rights. We know the law, we know how UPenn policies work, and we're always on your side.
How can we help you? Contact the LLF 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.
UPenn Standards of Conduct
You'll find most of UPenn's rules and regulations listed in the Code of Student Conduct. The list includes prohibitions against things like
- Theft, damage, and misuse of property
- Physical violence
- Threats of physical violence
- Disorderly conduct
- Possession of dangerous devices
- Hate speech
- Lying to school officials
Beyond the Code of Student Conduct, UPenn maintains additional disciplinary policies that include
- Rules against drug possession and alcohol misuse
- Anti-hazing regulations
- Rules on acceptable use of electronic resources
- Guidelines on class behavior
You should also know that violations of state and federal law can lead to misconduct allegations even if state and federal prosecutors decide not to charge you.
As if all that wasn't enough to keep straight, the Code makes clear that offenses listed in the Code are only examples of misconduct. In other words, the university reserves the right to charge you with offenses even if they aren't specifically mentioned in the Code or other university policies.
Finally, in terms of sanctions, UPenn maintains a wide variety of punishments, from simple warnings to outright dismissal. Keep in mind, though, that even a warning can have serious long-term repercussions on your academic and professional careers if it should find its way into your record. A transcript notation about disorderly conduct can tank internship applications, keep you out of graduate school, and limit your job prospects.
Mounting A Defense to Misconduct Accusations
So, if you've been accused of misconduct, what do you do? Luckily, you have the right to defend yourself. That's not always a simple process, though. Here's what to expect.
- Most cases originate with a complaint made to the Office of Student Conduct. The OSC can decide whether the complaint is not credible or pursue several different options, including mediation and administrative decisions. You always have the right, though, to a formal investigation and hearing.
- You should receive notice of the charges. This notice should detail the allegations, identify your accuser, and advise you of your due process rights.
- The OSC then conducts an investigation. As part of that investigation, you can expect them to meet separately with both you and the Complainant. They'll interview witnesses, and they'll collect any physical evidence connected to the allegations.
- Ultimately, investigators submit a written report of their findings to the OSC. You have the right to review this document and any other evidence against you.
- What follows is a formal hearing before a five-member Disciplinary Hearing Panel. Both sides have the opportunity to present evidence and call witnesses. You also both have the right to raise questions for any witnesses testifying against you.
- The hearing panel then employs a legal standard known as “preponderance of the evidence” to determine whether or not you are Responsible for an offense. This standard requires panel members to find you guilty if they believe it is more likely than not that you violated policy.
- You also have the right to appeal the hearing outcome if you feel you were treated unfairly by the process. Grounds for appeal include
- Material and prejudicial errors
- Procedural misconduct
- Error in regulation interpretation
- New evidence
- A disproportionate sanction.
This basic outline can be further complicated by additional factors. For example, if your case involves any type of sexual misconduct, you may be subject to Title IX investigation guidelines. There may be other Respondents in the case, and it can sometimes be difficult to separate out who did what or who is innocent and who isn't. Even straightforward cases, though, can involve complex issues of regulation interpretation and questions such as just what kind of evidence is admissible.
You never want to take on a misconduct case alone. Even most attorneys aren't prepared to face campus judicial systems. The LLF Law Firm's Student Defense Team was specifically created to handle allegations of university misconduct.
You should know that while UPenn does allow you to select an advisor to help you with your case, most of the time, that advisor cannot be an attorney. Nevertheless, your LLF Law Firm attorney can play a crucial role in developing your defense. They'll work with you to identify the strongest lines of argument, help you uncover evidence, suggest questions for witnesses, draft documents, and even coach you in delivering your defense. Along the way, they'll monitor your case and make sure you're treated fairly. They can do all of this whether or not they're allowed to step foot on campus.
Fighting for Your Future
Don't risk your academic future by trying to handle a disciplinary misconduct charge yourself. Processes and procedures are complex and difficult to navigate. 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 LLF 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 LLF Law Firm today at 888-535-3686 or fill out our online questionnaire.
