The University of South Florida has an obligation to protect students, faculty, and staff from harm. No one would deny that. Unfortunately, colleges and universities sometimes take their responsibilities too seriously. Perfectly innocent students get caught up in investigations. Investigations and hearings can be complex and difficult to navigate. And sanctions are frequently far more severe than offenses deserve.
The Lento Law Firm's Student Defense Team was created to push back against such overreaches. We're committed to protecting your rights and ensuring you have a fair chance at a just resolution to your case. No matter what kind of charges you might be facing, we're on your side. We know USF's judicial procedures and how to use them to your advantage.
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 Florida
The list of disciplinary misconduct offenses at USF is long and includes everything from underage drinking to vandalism. There's not room to go over the university's entire Student Code of Conduct here. It is important, though, that you're familiar with the most serious offenses in the Code, the ones that typically garner the most serious sanctions.
- Physical Violence: The heart of USF's Code is its prohibition on physical violence. This is defined as “punching, slapping, scratching, or striking” and even includes simple “touching.” In addition, you can be charged both for intentionally inflicting such violence on others or for doing so recklessly.
- Weapons Possession: The university is careful to exempt firearms that are legally allowed on college campuses, but it absolutely prohibits the possession of any “illegal” firearms, ammunition, or other dangerous weapons.
- Hazing: Hazing has become a matter of public concern in recent years. As a result, university anti-hazing policies can be especially strict. USF prohibits any action related to initiation into an organization that might cause physical, mental, or emotional harm to others.
- Sexual Misconduct: All colleges and universities are required to maintain policies against sexual misconduct. Title IX, a federal law, requires USF to investigate all credible complaints and encourages it to impose harsh sanctions on anyone found responsible for (guilty of) an offense.
- Drug Possession: USF's anti-drug regulations are also extensive. "Drugs" are defined as "any narcotic, central nervous system stimulant, or other substance treated as such." Technically, corn starch could earn you a charge if you believe it is a drug. Further, you can be charged for possession of drug "paraphernalia."
Any Code violation can result in suspension or dismissal. These five offenses are almost always subject to these sanctions. Keep in mind as well that suspension and dismissal always include a transcript notation about the nature of your offense. That means you can't just transfer your way out of the problem. Most schools won't accept students with disciplinary misconduct records. This is one reason why it's so important you have the Lento Law Firm attorney in your corner. We are the premier firm in the country when it comes to protecting students, and we give you your best chance at a successful resolution to your case.
Mounting A Defense to Misconduct Accusations
Whatever the charges you might be facing, you always have the right to due process. USF can't simply accuse you and impose a sanction. You are innocent until proven guilty (“not responsible until proven responsible”), and you should have the opportunity to refute charges.
- The Office of Student Conduct and Ethical Development (SCED) holds jurisdiction over misconduct allegations at USF. If you've been accused of a violation, this office must provide you with notice of the charges. This notice should explain the allegations and apprise you of all your due process rights.
- You have a right to an advisor and to choose an attorney to fill this role. This means the Lento Law Firm attorney can accompany you to all meetings and proceedings to offer advice and help you respond to questions.
- You should expect USF to conduct some type of investigation. It cannot proceed without concrete evidence substantiating charges. As part of this process, you are entitled to give your side of the story. Further, you have a right to review any evidence investigators should uncover.
- Once the investigation is complete, investigators submit a written report to the SCED. The SCED then sets a time and date for a hearing. Hearings into minor allegations are usually treated as an administrative conference before a single university official. More serious offenses are handled by USF's University Conduct Board.
- Whatever type of hearing your case receives, you have the right to make your full case. You may introduce physical evidence, for instance, and call witnesses to testify. You may also ask questions of any witness testifying against you.
- All USF misconduct cases are decided based on the “preponderance of the evidence” legal standard. In simple terms, you are responsible (guilty) if decision-makers are more than fifty percent convinced of your guilt.
- You have yet one more right—the right to appeal the hearing outcome. However, you must have grounds for such an appeal, such as a procedural error, new evidence to present, or a disproportionate sanction.
We should point out that the Lento Law Firm attorney cannot "represent" you the way they would during a criminal trial. USF requires you to speak for yourself. However, your attorney can play a vital role in preparing your defense. It's their job to make sure you're ready to defend yourself, from helping you collect evidence to outlining your hearing presentation. You can count on us to protect your rights and to ensure you get the best possible resolution to your case.
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.
