Even the brightest, hardworking students can find themselves accused of disciplinary misconduct. The University of South Carolina-Columbia's Student Code of Conduct doesn't just apply to students with low GPAs. It applies equally to everyone. Get caught breaking a rule, and you're going to face sanctions. You could even find yourself expelled.
The thing is, you can wind up charged with an offense even if you did nothing wrong. Misunderstandings happen. False allegations happen. Or maybe you did make some sort of mistake. You still deserve a strong defense and, if necessary, a fair penalty.
The Lento Law Firm's Student Defense Team wants to protect you. No matter what your particular situation, we're always on your side and ready to use every resource at our disposal to get you the best possible resolution to your case. We know USC-Columbia rules and regulations, and we're familiar with the university's disciplinary misconduct processes, and we've helped hundreds of students, just like you, to defend themselves.
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.
Standards of Conduct at the University of South Carolina-Columbia
USC-Columbia's Student Code of Conduct is extensive, with rules governing everything from theft to misuse of computer resources. Any violation can result in suspension or dismissal, and it's important you take the time to familiarize yourself with the Code. There are a handful of offenses, though, that almost always result in serious sanctions.
- Physical Violence: All colleges and universities prohibit physical violence. USC-Columbia's prohibition is particularly broad, though, barring any conduct that "threatens or endangers the health or safety of another living being." This includes "Physical abuse, physical intimidation, coercion, [and] harassment” whether it occurs physically, verbally, or electronically.
- Weapons Possession: As an additional protective measure, the university bars possession, use, and storage of all weapons, including firearms, knives, explosives, fireworks, and dangerous chemicals. In addition, students are prohibited from possessing ammunition.
- Hazing: Any initiation activities that could cause physical or mental harm to members of the campus community are explicitly forbidden.
- Sexual Misconduct: Sexually-based offenses are actually outlawed by the federal government under Title IX. USC-Columbia has an obligation to prevent such offenses, and it is encouraged to implement severe penalties.
- Drug Possession: USC-Columbia actually maintains a whole category of offenses connected to “Drug Related Misconduct,” including possession of illegal drugs, possession of synthetic drugs, possession of drug paraphernalia, and attempting to dilute a drug test.
These offenses almost always result in either suspension or dismissal. Keep in mind as well that as difficult as suspension and dismissal can be, the more serious aspect of these penalties is the transcript notation that describes the offense. Once you have a record of disciplinary misconduct, it can be difficult to get into graduate school and difficult to find a good starting job. Any time you're accused of an offense, you must take it seriously. You must fight for your innocence. You must fight to minimize the sanction.
At the Lento Law Firm, we're prepared to fight beside you.
Mounting A Defense to Misconduct Accusations
What does a fight look like in these cases? It turns out you do have some important due process rights (see the Code of Conduct). You can be sure, for instance, that USC-Columbia will treat you as “innocent until proven guilty.” That is, before it can impose any sanction, USC-Columbia must have proof you committed an offense, and it must give you the opportunity to challenge that proof.
- The Office of Student Conduct and Academic Integrity holds jurisdiction over all disciplinary misconduct cases. Cases begin when someone lodges a complaint against you with this Office.
- If the Office determines the complaint is credible, it will issue formal charges. At this point, you'll receive notice of those charges. This notice should describe what it is you're supposed to have done and provide a complete list of your due process rights.
- The university must then undertake a full investigation. It needs proof to substantiate any charges. You have the right to give investigators your side of the story. In addition, you have the right to bring an advisor with you to support you as you offer evidence and make arguments. The Lento Law Firm attorney can further monitor what happens during meetings and other proceedings to ensure the university is respecting your rights.
- Once the investigation is complete, investigators turn their findings over to the Office of Student Conduct. This Office then sets a time and date for a hearing. Keep in mind: you also have the right to review all of these findings prior to the hearing.
- The hearing is your chance to make the case for your innocence. As part of the proceedings, you are allowed to present physical evidence and to call witnesses to testify. You may also raise questions about any evidence being used against you.
- Hearings can take place before single administrators, or they can take place before the Carolina Judicial Council. In either case, decision-makers employ the "preponderance of the evidence" legal standard in deciding whether or not you are responsible for (guilty of) the offense. Essentially, you are guilty if it seems "more likely than not" that you committed an offense.
- Even if you are found responsible after the hearing, you still have the right to appeal that outcome. In order to appeal, you must have grounds. This might include the discovery of new evidence, an accusation of procedural error, or a complaint about the severity of your sanction.
Keep in mind that a university hearing is not the same thing as a criminal trial. One of the important differences is that your advisor cannot speak for you. The Lento Law Firm attorney cannot "represent" you. Nevertheless, they can play a crucial role in building your defense.
It is your attorney's responsibility to uncover evidence of your innocence, to coach you in responding to investigators, and to define your strongest arguments. In addition, your attorney will prepare evidentiary exhibits, draft your presentation, and suggest questions for witnesses. You must present your own case, but it's our job to prepare you to do that.
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.
