Medical Student Avoids Academic Misconduct Dismissal Based on Forensic Review
The student affairs dean at a prominent medical school associated with a South Atlantic state university notified a second-year student of charges that the student had cheated by accessing outside electronic materials during an online exam. The student learned in an informal conference with the dean that the testing center's exam-monitoring software showed that the student had gone outside of the program during the exam in a suspicious electronic activity that the school construed as cheating. The school also reviewed the student's electronic answers, concluding that they represented copying or close paraphrasing of online materials. Maintaining his utter innocence and yet unaware of how to prove it, the student retained the Lento Law Firm. The firm promptly employed its forensic consultant to examine the student's computer and software account and to procure and review the school's electronic evidence. The school at first resisted disclosing the electronic evidence but relented when the law firm documented the consultant's credentials, including consulting and testifying for schools in misconduct cases. The consultant's review confirmed anomalies in the software and school review rather than any inappropriate action by the accused student. The law firm used the consultant's report and reputation to negotiate a dismissal of the pending charge at a resolution conference that also involved the school's outside retained counsel. The key to the student's success was the skill and reputation of the law firm's forensic consultant.
Undergraduate Pre-Med Student Avoids Title IX Misconduct Dismissal Based on Forensic Evidence
A pre-med program at a large Midwest public university notified a second-year student of Title IX charges based on the complainant's allegation that the student had sexually assaulted the complainant after the complainant broke off their romantic relationship. Th