Anyone at WVU can find themselves accused of disciplinary misconduct. Anyone. Athletes, student body presidents, and even honor students. College is a crazy time, and it's pretty easy to find yourself in trouble for letting off steam after an exam or getting too caught up in a homecoming bonfire. Or maybe you're entirely innocent. Misunderstandings happen, too.
Whatever the situation, if you've been charged with an offense, large or small, it's important you take the situation seriously. Taking it seriously means finding out everything you can about the charges against you. It means carefully preparing a defense. It means getting the best help you possibly can.
The Lento Law Firm's Student Defense Team was founded to protect student rights. More than any other firm in the country, we understand what you're up against and just how high the stakes can be. This is your education, after all. We know how UWV processes and procedures work, and we've helped hundreds of students just like you to defend themselves from all types of charges.
To find out more about how we can help with your case, call 888-535-3686 today, or take a few minutes right now and fill out one of our online forms.
The WVU Campus Student Code
Like other colleges and universities, WVU maintains a strict code of conduct designed to protect students and ensure everything on campus works smoothly. That code prohibits everything from “falsifying a record” to “unauthorized use of keys.” As you might expect, though, some offenses are more serious than others.
- Physical Harm: This prohibition doesn't just apply to physical “violence.” You can be charged for “intentionally making physical contact” with another person, for insulting someone in a manner to "provoke" physical contact, or for committing any act that puts another person in "reasonable apprehension" of their safety. Elsewhere, the code also bars "endangerment" and "threats."
- Weapons Possession: WVU prohibits all weapons possession on campus. This applies to firearms, ammunition, fireworks, explosive devices, dangerous chemicals, and even “imitation firearms.”
- Hazing: You are also barred from any type of harm you might cause as a result of organizational initiation. This applies not just to physical harm but to any mental or emotional harm you might do as well.
- Sexual Misconduct: Sexually-based offenses are prohibited by federal law, and WVU takes all allegations seriously. Such offenses can include anything from simple verbal harassment to stalking, dating violence, and rape.
- Misuse of Drugs: WVU's anti-drug policy prohibits bars all “drug related conduct,” a broad phrase that includes possession, manufacture, production, distribution, use, and reckless ingestion of any illegal substance and the misuse of legal substances.
Any of these five offenses can result in suspension or dismissal, even for a first offense. Keep in mind, though, that any penalty for any offense can be a problem if it should wind up on your transcript. Even a warning for underage drinking could cost you scholarships, graduate school opportunities, and job interviews.
This is why the moment someone points a finger at you, it's important you contact the attorneys at the Lento Law Firm. You simply cannot afford to take chances with your academic and professional futures.
Disciplinary Procedures at West Virginia University
A disciplinary misconduct charge can be upsetting. The good news, though, is that you have some important due process rights. WVU can't just accuse you and dismiss you. For example, you're “innocent until proven guilty” (“not responsible until proven responsible”), just as you would be in a court of law. The university needs concrete evidence to prove you committed an offense, and it must give you a chance to respond to that evidence.
- Disciplinary complaints at WVU are reported to the Office of Student Rights and Responsibilities. However, this Office must believe complaints are both credible and actionable before it issues any formal charges.
- You should receive formal notification of any charges against you. That notification must provide an explanation of the allegations, and it must make clear all of your due process rights.
- You are entitled to an advisor, who may be an attorney. Your Lento Law Firm attorney cannot speak for you, but they can work with you to prepare your case and make sure WVU respects all of your due process rights.
- The university then conducts an investigation. Typically, investigators begin by talking to the respondent (the accused, you) and any complainants (the accuser or alleged victim). In addition, they interview witnesses and collect any physical evidence.
- Once investigators complete their work, they turn their findings over to the university. You have the right to review any evidence they've uncovered. The Office of Student Rights and Responsibilities then sets a time and date for a formal hearing.
- Hearings take place before a single Decision-Maker. Both sides have the right to present evidence, including witness testimony. In addition, you are entitled to raise questions about any evidence against you, including witness testimony.
- All cases are decided using the “preponderance of the evidence” legal standard. If the Decision-Maker is more than fifty percent convinced of your responsibility, they are obligated to find you responsible.
- You can appeal a negative outcome, but not simply because you disagree with it. You must be able to show you were denied a fair chance to make your case. That usually means an issue like procedural error, the discovery of new evidence, or a disproportionate sanction.
As the process unfolds, your Lento Law Firm attorney will make sure you're prepared and ready for whatever you have to face. Again, investigations and hearings can be stressful, but your lawyer will coach you in what to say, work with you to draft necessary documents, provide you with an opportunity to practice making your arguments, and offer advice at every step along the way. They'll also keep a close watch on everything that happens and make sure WVU affords you every right to which you are entitled.
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.
