When a young person begins their academic journey at a college or university, it is a time to explore new ideas and grow as a student and a person. Along the way, mistakes are made and that is how these young adults learn. Some mistakes can stick with us for years to come. And, depending upon the educational institution and the circumstances, a charge of academic misconduct can be one of those mistakes. But don't despair. Instead, take action.
If you are a student who has been charged with academic misconduct, it is important to contact an experienced academic misconduct attorney immediately. The Lento Law Firm is dedicated to protecting the rights of students across the country who are accused of academic misconduct. Reach out today and tell us about your case or call our offices at 888-535-3686.
Student Code of Conduct
Schools across the country establish their own Student Code of Conduct, which are documents typically provided to students when they begin their education at the school, and they are often included as part of the Student Handbook. In most cases, the Student Code of Conduct that is provided to students must be signed and agreed to before the student may join the student body and attend classes.
Student Code of Conduct is a guideline established by the school that outlines the behaviors and actions expected of students at the educational institution. These behaviors generally focus on honesty, integrity, and respect, and these guidelines are intended to foster a positive learning environment for students both on and off campus. For the most part, the Student Code of Conduct is a reflection of the school's core values, which both students and faculty are expected to demonstrate on a day-to-day basis.
Student Code of Conduct also outlines the consequences and any punishments that a student will face if the student is found to have engaged in any behavior that is in violation of the Student Code of Conduct. By providing each student with a copy of the Student Code of Conduct, the school can ensure that every student is informed of the expectations and consequences of their actions as a student at the school.
Understanding the Different Types of Academic Misconduct
Academic misconduct, often referred to as academic dishonesty, is taken seriously by educational institutions across the country. Academic misconduct covers a broad range of activities and behaviors that result in giving an unfair advantage to the student. While every college or university establishes its own criteria for what constitutes academic misconduct, these are some of the more common forms of academic misconduct:
- Blackmail
- Bribery
- Cheating
- Classroom Disruption
- Collusion
- Deceitful Educational Software
- Fabrication/Falsification
- False Accusation of Cheating
- Failure to Safeguard Work
- Failure to Report Academic Misconduct
- Forgery
- Obtaining Advanced Information
- Online Cheating
- Plagiarism
- Reusing Assignments or Exams
- Sabotage
- Self-Plagiarism
- Unauthorized Assistance
- Unauthorized Collaboration
- Unauthorized Sharing of Academic Materials
- Violation of Testing Conditions
A charge of academic misconduct can have serious consequences for students. These allegations should be taken seriously. Students who are facing a charge of academic misconduct must take steps to protect their reputation and their future.
Potential Sanctions for Academic Misconduct
When a student is found to be in violation of the school's Student Code of Conduct in the form of academic misconduct, the student will face some sort of sanction. The consequences for academic misconduct vary from one school to the next, but punishments may include any of the following and more:
- Disciplinary warning
- Redoing and resubmitting the assignment that is the basis for the charge
- Receiving a failing grade on the assignment that is the basis for the allegation
- Loss of course credit
- Receiving a failing grade in the course
- Loss of existing scholarships or financial aid
- A period of academic probation
- Loss of student housing
- Suspension from the educational institution
- Expulsion from the academic institution
Academic Misconduct Charges and Student Academic Transcripts
Whether a charge of academic misconduct remains on a student's academic transcript depends on several factors. The behaviors and actions that constitute academic misconduct and the sanctions imposed for such conduct vary from one educational institution to the next. Even the processes and procedures for reviewing an allegation of academic misconduct differ from one school to another. When it comes to student codes and behaviors, there is no “one size fits all” rule or one national standard regarding misconduct and the consequences that follow.
In many cases, the severity of the sanction that is imposed dictates whether the charge of academic misconduct appears on the student's academic transcript. At some educational institutions, minor academic misconduct infractions may result in disciplinary warnings or probation. In those instances, the charge of academic misconduct is not reflected on the student's academic transcript.
More serious academic misconduct offenses that result in a stronger sanction, such as a suspension or an expulsion from the school, are generally recorded on the student's official academic transcript. Whether the college or university decides to include academic misconduct on a student's academic transcript depends on the institution's policies.
The Impact of Academic Misconduct on a Student's Academic Transcript
When a charge of academic misconduct is noted on a student's academic transcript, it can significantly impact a student's future, both academically and in terms of their professional opportunities, as many graduate programs and employers request official transcripts. When a student has an academic misconduct notation on their permanent academic transcript, this can result in the student being denied admission to colleges and universities. The student may be found ineligible for academic awards and scholarships and may lose an existing academic scholarship. Future employers may deny employment to a student with a notation of academic misconduct listed on their academic transcript, as this may be seen as the student's lack of integrity, honesty, and trust.
However, it is important to note that all students have the right to due process under federal law and institutional policies, including the right to a fair hearing and an appeal of disciplinary decisions. In some instances, students who are charged with academic misconduct may petition the school to have the academic misconduct removed from their official academic transcript, either after completing a period of good behavior or by completing a specified rehabilitation program. Each academic institution has its own procedures for students to follow to challenge or mitigate the impact of a charge of academic misconduct on their academic record.
Protecting the Rights of Students Who are Charged with Academic Misconduct
All students have rights that afford them protection within an educational environment, including rights pertaining to student discipline. Students have the legal right to due process when an allegation has been made, meaning students must be given the opportunity to present their side of the story and any new evidence to the individual who is adjudicating the charge. Decisions regarding an allegation of academic misconduct are to be based on the weight of the evidence that is provided in the complaint. All students have the right to appeal an allegation of academic misconduct if they believe they have been wrongly charged.
The Lento Law Firm protects the rights of students who are charged with academic misconduct, ensuring that they receive due process and have the opportunity to present a strong defense against the allegation.
Rights Regarding Student Educational Records
The Family Educational Rights and Privacy Act, known as FERPA, affords students several important rights regarding their academic records. Specifically, under FERPA, students are provided the following protections:
- Right to Access their Educational Records: Students have the right to review and inspect their educational records. Students have the right to request copies of their academic records and to review them within a reasonable time frame.
- Right to Amend their Academic Records: Students have the right to request that an educational institution amend their academic record if the student believes that the record includes incorrect or misleading information. If the college or university does not grant the student's request to amend the record, that student has the right to a hearing to challenge the information.
- Right to Consent to Disclosures: All schools must obtain written consent from their students before disclosing any personally identifiable information from their education records. There is an exception to this consent—in certain situations, disclosure without consent is allowed, such as by school officials with a legitimate educational interest or in response to a subpoena.
- Right to File a Formal Complaint: All students have the right to file an official complaint with the U.S. Department of Education if they believe their rights under the Family Educational Rights and Privacy Act have been violated.
- Right to Limit Disclosure: All students have the right to request that information for the school's directory, such as the student's name, address, and phone number, not be disclosed in the school directory without their consent.
The Family Educational Rights and Privacy Act is designed to protect the privacy of students' educational records while also providing them with the right to access and control their personal information.
Steps to Take if You Are Facing a Charge of Academic Misconduct
When you learn that you are facing a charge of academic misconduct, it can be a scary moment. But it is important not to panic. Instead, there are a few important steps to take to ensure the best possible outcome in your case:
- Review the Allegations: Thoroughly read the charges against you and the specific details of the academic misconduct accusation. It is important to understand exactly what actions led to the charge.
- Consult the School's Code of Conduct: Review your school's policy regarding academic misconduct so that you fully understand the expectations and the potential consequences for violation, as well as the school's procedures for handling academic misconduct charges.
- Gather Evidence: Collect any relevant materials, such as notes, emails, or communications, that may help clarify the situation or support your case.
- Contact an Academic Misconduct Attorney: Consult a student discipline defense attorney with knowledge and experience in handling academic misconduct allegations.
- Prepare a Defense or Explanation: Work with your attorney to prepare a clear defense of the charge, including providing supporting evidence.
- Attend Hearings and Meetings: It is important to attend every meeting and hearing and to present your case clearly and respectfully.
- Pursue an Appeal: If the outcome is unfavorable, explore your school's policies and procedures for pursuing an appeal of the decision.
- Negotiate Lesser Penalties: Where possible, seek to mitigate the consequences, such as negotiating for lesser penalties or completing corrective actions.
Attorneys Dedicated to Advocating for Students Who Are Charged With Academic Misconduct
When a student embarks on an educational journey at a college or university, they are often filled with hope and youthful optimism regarding the promise of what the future holds. Unfortunately, that bright future can quickly change when the student is charged with academic misconduct. Academic misconduct has the potential to inflict long-term consequences on a student's life, particularly if the academic misconduct is on the student's permanent academic record. Academic misconduct can also get in the way of the student's educational ambitions as well as their future employment opportunities.
Don't let that happen.
Contact the Lento Law Firm today and tell us about your case. Our experienced Student Defense Team has helped thousands of students across the country successfully navigate academic misconduct charges. The Lento Law Firm is dedicated to protecting the rights of all students, advocating on their behalf, and fighting to ensure the best possible outcome in each case. Don't delay. Call our office today at 888-535-3686 of complete our online form.
