The stakes seem to get higher at college every year. If you're a student at UTEP, you know—even minor offenses can get you into major trouble. And the system? It's not just about visiting with the dean anymore. A university's disciplinary system can be every bit as complicated as the criminal justice system.
With the stakes this high and the processes and procedures as complicated as they are, you don't want to try to handle a misconduct allegation on your own. You need help. Someone with a legal background who understands how colleges and universities operate. You need someone from the Lento Law Firm.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We're defense attorneys, but we focus on university issues. We know the law, but we also know how UTEP works. Most importantly, we're always on your side. You can count on us to 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 Code of Conduct
Every college and university—including UTEP—maintains a strict code of conduct. These are the rules and regulations that govern your behavior on campus. There are dozens, including everything from vandalism to misuse of computer resources. We couldn't possibly cover them all here, but we do want to focus on some of the most serious offenses mentioned in the code. Knowing these can keep you out of the most serious kinds of trouble.
- Health and Safety: Plenty of schools outlaw "violence" or "physical abuse." UTEP goes much further. It prohibits any action that could endanger anyone's health or safety. In other words, you don't actually have to cause someone harm to wind up charged with an offense. Recklessness and carelessness can lead to charges.
- Weapons Possession: The Code includes an exception for any person on campus licensed to carry a firearm under Texas state law. Otherwise, however, all weapons use and possession are forbidden. This applies not just to firearms but to explosives, hazardous chemicals, and even ammunition.
- Hazing: Hazing—any behavior connected to organizational activity that could potentially endanger a person's physical, psychological, or emotional well-being is explicitly prohibited.
- Sexual Misconduct: Federal law (Title IX) requires all colleges and universities to maintain a strict policy against sexual misconduct. Further, the government requires UTEP to investigate all credible allegations and encourages the university to impose stiff penalties on anyone found responsible.
- Misuse of Drugs: UTEP's anti-drug policy is simple and straightforward. The university bars the “illegal use, possession, and/ or sale” of any drug or narcotic.
Get caught committing one of these five offenses, and you're likely looking at suspension or dismissal. Keep in mind that both of these sanctions come with a transcript notation about the nature of your offense. A notation like that can disrupt scholarships, keep you out of graduate school, and even affect job applications.
The Lento Law Firm understands the stakes. We'll make sure you get fair treatment, and we'll fight for a just resolution to your case.
Disciplinary Processes and Procedures
As we mentioned above, it's no easy task navigating a university disciplinary system. Things have become very legalistic, and it's easy to get lost in the bureaucracy and complicated procedures.
The good news, though, is that the system grants you several important due process rights if you can figure out how to use them to your advantage. Just as in the criminal justice system, for instance, you're entitled to the presumption of innocence ("non-responsibility"). That's a strong position from which to begin your defense. It means the university has the burden of coming up with enough evidence to overcome that presumption.
Here's what you can expect from the process.
- All misconduct allegations are under the jurisdiction of the Office of Community Standards. This office conducts all investigations and coordinates the adjudication process.
- When someone levels an accusation against you, the Office of Community Standards conducts an investigation to determine if there are grounds for proceeding against you and what, if any, sanction you might face if you're found responsible for an offense.
- If the Office formally charges you, it will provide you with notice of those charges. This notice should explain the allegations and include a list of your due process rights. In addition, it should apprise you of all evidence uncovered in the case.
- Following the investigation, the Office of Community Standards will appoint one or more decision-makers and set a time and place for a hearing.
- At the hearing, both sides make their cases using arguments and evidence. You may submit physical evidence, and you may call witnesses to testify. You also have the right to raise questions about any evidence being used against you.
- Misconduct cases are decided on the “preponderance of the evidence” legal standard. In simple terms, you are responsible (guilty) if the bulk of the evidence points towards your responsibility.
- If you are found responsible, you can appeal that finding. However, you must have grounds for any appeal. Grounds must involve issues of fairness, such as a disproportionate sanction, the discovery of new evidence after the hearing, or a procedural error.
Your Lento Law Firm attorney will guide you through all of these procedures and make sure the university respects your rights. In addition, we'll help you prepare your case. For example, we'll work with you to find evidence of your innocence, coach you in talking with investigators, draft your hearing presentation, and suggest questions for witnesses. We care about your academic future, and we'll do whatever it takes to protect your interests.
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.
