When students enroll at the University of Denver (DU), they're likely surprised at the reach of its conduct code and ensuing grievance procedures. From breaching residence hall rules to plagiarism and online harassment, students are susceptible to punishment that can dash their academic and professional goals. Despite the chance to defend against allegations, DU's disciplinary measures are often too much for students to manage.
Students facing misconduct charges can find the best opportunity for defense with the Lento Law Firm Student Defense Team. Our team of attorneys recognizes how schools can act hastily to levy sanctions before allowing students to explain their side of the events. We provide the resources to mount a robust defense against misconduct allegations so students can remain focused on their academic goals. Call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit our confidential consultation form.
What Does DU Consider Misconduct?
DU governs its campuses through the Student Rights and Responsibilities (SRR) Community Standards, which include the school's Honor Code. Effectively, any violation of SRR Standards constitutes misconduct.
While cases involving academic misconduct through cheating or plagiarism and Title IX misconduct managing harassment or sexual assault occur, behavioral misconduct is far more common. DU maintains a lengthy list of prohibited conduct, which includes, but is not limited to, the following:
- Alcohol and drug violations, including unauthorized possession, distribution, intoxication, or hosting space for such to occur
- Intentionally giving false or misleading information to any university official or law enforcement officer
- Disruptive activities that obstruct the university's mission or operations
- Violating fire safety protocols
- Physical misconduct, such as causing bodily harm or endangering others
- Falsely reporting acts of violence or immediate threats (known as swatting)
- Violation of residence hall visiting hours or building cleanliness standards
Students are subject to the school's grievance procedures if they attempt to or allegedly commit prohibited acts. However, they can also be disciplined for encouraging others by aiding or abetting them.
Reporting and Adjudicating Misconduct
Students may think that only activities that occur on campus are within the school's jurisdiction. However, DU will address any alleged behavior or conduct that may have violated its SRR Standards regardless of where it occurred.
When the SRR Office receives a report, it proceeds with an initial investigation. If the office substantiates a violation, it will refer the report to a Case Resolution Body (CRB). School officials will review the academic schedules of the accuser (complainant) and the accused (respondent) and schedule a Case Resolution Meeting (DU's name for a disciplinary hearing) with the appropriate CRB, such as the Student Accountability Board (SAB).
In SAB meetings, parties may retain the assistance of a “support person” who acts as an advisor. While they may be a legal professional, they cannot represent the student during proceedings. The SAB chairperson may set reasonable expectations regarding behavior to ensure the flow of procedures, which are conducted as follows:
- The SAB summarizes the incident and the violations of SRR Standards.
- The respondent enters a plea by accepting or denying responsibility.
- The complainant and respondent give perspective statements.
- Parties present evidence to the SAB.
- SAB and SRR staff members may question the complaint, respondent, or witnesses.
- All parties make concluding statements.
- The SAB adjourns the meeting for deliberations.
SAB members will vote on whether the respondent bears responsibility for the violation through a preponderance of the evidence. This means that the evidence shows the respondent is more likely than not to have committed the misconduct in question. Even if the SAB doesn't determine responsibility, they can refer the matter to a new hearing under a separate CRB or a Restorative Justice Conference (RJC) under appropriate circumstances.
Sanctions for Misconduct at DU
In matters referred to RJCs, collaboration with students can create outcomes focused on reconciliation, resolution, and the betterment of the university community. Outcomes are non-appealable, and if an RJC is unsuccessful, the matter is sent back to the SRR Office for a traditional case resolution. Otherwise, the SRR Office assigns traditional disciplinary outcomes.
The SRR Office determines sanctions using a myriad of criteria, including, but not limited to, the respondent's intent and acceptance of responsibility and previous disciplinary record. Sanctions are split into two categories: educational outcomes and status outcomes.
Educational outcomes aim to facilitate rehabilitation and work like probationary measures, which may include the following provisions:
- Reflective activities like maintaining a journal
- Mandatory community service hours
- Behavioral assessments or anger management interventions
- Restrictions on privileges or activities
- Referrals to alternative processes like mediation
- Restitution to victims, including the university
Students who fail to complete the scheduled list of outcomes by a specified deadline have their university accounts placed on hold. This affects adding or dropping courses or registering for classes, and students are also subject to harsher disciplinary action.
Status outcomes define or alter a student's standing at DU. These may include educational letters and written warnings that record a student's inconsistencies in meeting conduct code expectations. Like educational outcomes, the SRR Office can also impose probationary periods wherein students are subject to conditions for remaining enrolled at DU. The office can also raise sanctions to "elevated probation" status with further stipulations, including interim suspensions.
The SRR Office may also levy suspensions that act as temporary bans from the university, and students seeking readmission are required to reapply. Authorities can also impose a permanent ban from DU through expulsion, including all university properties and activities.
Appealing Disciplinary Outcomes at DU
Although students may not appeal educational letters and written warnings, they may seek redress in other circumstances. Respondents have the right to submit an appeal of the SAB's (or other CRB's) decision within five business days. However, grounds for the appeal are limited to the following:
- Bias or conflict of interest of the SAB or CRB impacted the outcome
- New and significant evidence emerges
- Substantial procedural errors by SAB or CRB impacted the outcomes
- Sanctions imposed are disproportionate to the severity of the violation
Upon receipt of an appeal, the Director of the SRR Office will certify that it meets eligibility and then refer it to an Appellate Officer. They may reverse the SAB's determination, remand the back to the SRR Office, or increase, decrease, or alter the sanctions. Following the appellate process, all decisions are final and conclusive.
Accused Students Need the Lento Law Firm Student Defense Team
Even though DU students may face seemingly inconsequential misconduct allegations, they must take any claim seriously. Something as trivial as having a poster attached to a certain wall could be grounds for fire safety violations and could lead to harsh punishment. While students may believe they can handle DU's grievance procedures themselves, they risk academic career-ending situations if they fail.
By retaining the Lento Law Firm Student Defense Team, DU students gain confidence through our depth and breadth of experience. From strategizing a winning defense to negotiating with the school's Office of General Counsel, we are dedicated to a student's best outcome. To begin your road to redemption, call the Lento Law Firm Student Defense Team at 888-535-3686 now or visit our confidential online consultation form, and we will contact you.
