It doesn't matter how bright and hardworking you may be, a disciplinary misconduct charge can derail all of that hard work. Whether you're a fresh-faced freshman or a senior in your last semester, you're vulnerable to an accusation. We all make mistakes, but you can also find yourself in trouble even if you're entirely innocent. Misunderstandings happen. False allegations happen. Once the university opens an investigation, you can't tell where it might lead.
Protect yourself. Make sure you know the rules at VT, especially the ones that can get you suspended or expelled. Find out what's involved in defending yourself. Make sure you know how the university's processes and procedures work.
Most importantly, make sure you know how to get help if you need it. Defending yourself from misconduct charges is never an easy prospect, but the attorneys at the Lento Law Firm are always on your side. Our Student Defense Team knows what you're up against. We're familiar with VT rules and regulations, and we can show you how to use them to your advantage. We'll use every resource at our disposal to get you the best possible resolution to your situation.
First, though, you have to contact us. Call 888-535-3686 to find out how we can help, or take a few minutes right now and fill out one of our online forms.
Standards of Conduct at Virginia Tech
We can't explain all of Virginia Tech's many disciplinary misconduct offenses. We just don't have the time and space. There are dozens of rules covering everything from underage drinking to "impersonation." We do recommend reading through the Student Code of Conduct and familiarizing yourself with all of the university's various prohibitions. Here, though, we want to focus on the most serious offenses, the ones that most often lead to sanctions like suspension and dismissal.
- Endangerment: Note that VT doesn't just prohibit assault or physical violence. The term “endangerment” is proactive,” prohibiting actions that could potentially cause harm to others.
- Weapons Possession: Likewise, the university also bars the “unauthorized” use, threat of use, and storage of weapons, including firearms and ammunition. In additions, students are prohibited from use and possession of fireworks, explosives, and all types of hazardous materials.
- Hazing: Any member of any organization can be charged with hazing. Hazing includes any act undertaken as part of initiation that might endanger a student's physical or psychological well-being.
- Sexual Misconduct: Title IX, a federal law, bars sexually-based misconduct from simple verbal harassment to dating violence and rape. Universities are required to investigate all credible complaints and encouraged to impose harsh punishments.
- Drug Possession: VT's anti-drug policy applies to all illegal substances, including cannabis, which remains illegal under federal law. Even possession of “drug paraphernalia” can result in charges.
Keep in mind that while suspension and dismissal are serious sanctions in themselves, they also include transcript notations describing your offense. Those can keep you from transferring to another school. Simply put, a responsible finding for one of these serious offenses could very well mean heading onto the job market with no degree whatsoever. When those are the stakes, you can't afford to try and defend yourself. You need the Lento Law Firm attorney in your corner, watching out for your interests and protecting your rights.
Mounting A Defense to Misconduct Accusations
The good news is that Virginia Tech recognizes just how serious a responsible (guilty) finding can be in a misconduct case. Thus, the university provides you with important due process rights, including the right to a presumption of innocence (“not responsible”) and the right to defend yourself at a full hearing.
Here's what you can expect from the process.
- The Office of Student Conduct maintains jurisdiction over student misconduct allegations. Anyone may lodge a complaint against you with this Office, but administrators must decide the complaint is credible before proceeding to a formal investigation.
- Any time you are under investigation, the Office must issue you notice of those charges. This notice should explain the allegations and provide a complete list of your due process rights.
- One of your most important rights is the right to an advisor, someone to accompany you to meetings and proceedings to offer advice and support. The Lento Law Firm can help you to answer any investigative questions and make sure you're treated fairly.
- VT must conduct some type of investigation, even into minor accusations. It cannot move forward without evidence substantiating those accusations. As part of the investigation, you are entitled to give your side of the story, to offer evidence, and to suggest witnesses for investigators to interview. You also have the right to review all evidence investigators uncover.
- Once they've completed their investigation, investigators turn their findings over to the Office of Student Conduct, which sets a time and date for a hearing. Investigative findings become the foundation of that hearing.
- Your case will be heard by one or more decision-makers, depending on the seriousness of the charges. In either case, you'll have the opportunity to argue for your innocence, present physical evidence, and call witnesses to testify. In addition, you're entitled to raise questions about any evidence being used against you.
- Ultimately, decision-makers must decide whether or not you are guilty under the legal standard “preponderance of the evidence.” Essentially, you are responsible (guilty) if it seems “more likely than not” that you committed the offense.
- Once the hearing is over, you can appeal if you can demonstrate you were treated unfairly in some way. Note that this does not mean you simply disagree with the hearing outcome. Grounds for appeal include things like procedural error, the discovery of new evidence, or a disproportionate sanction.
The Lento Law Firm attorney cannot "represent" you the way they would in a criminal trial. It is their job, though, to make sure you're ready for every phase of your case. They'll work with you to find evidence and develop your arguments. They'll draft your hearing presentation and coach you in how to make your points. Along the way, they'll show you how to use processes and procedures to your best advantage.
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.
