A college or university student faced with a misconduct allegation may have many questions: What punishment will be handed down? How will the misconduct charge affect my education? What happens to my scholarships and financial aid if I'm found responsible? With the cost of higher education increasing year after year, it's essential that you know how disciplinary measures can affect eligibility for different kinds of funding: loans and grants from the federal government, private scholarships, and work-study programs.
There are two categories of misconduct: academic and non-academic. Punishments for misconduct differ from school to school, so a student facing a misconduct charge should consult their institution's code of conduct. At any institution, however, the loss of credit hours due to suspension or expulsion can result in the loss of financial aid.
Federal Loans
For students to qualify for federal financial aid, they must be enrolled in an eligible institution of higher education at least half-time, make "satisfactory progress" towards a degree, and fill out and sign the Free Application for Federal Student Aid (FAFSA) form every year. Each school has standards for "satisfactory progress," but since enrollment at least part-time is required to receive federal funds, a misconduct charge that leads to separation from the school or program will impact the student's eligibility for that academic year.
Federal Grants
The U.S. Department of Education offers grants as a form of financial aid that doesn't have to be repaid. However, if a student is found responsible for misconduct that leads to expulsion or withdrawal from a program, the student may have to reimburse the federal government.
Private Scholarships
Many merit-based scholarship agencies have expectations regarding the behavior of their recipients, and these will usually be available in writing. An allegation of misconduct could mean a student will be less competitive among the applicant pool the following year because some scholarship applications require a copy of the student's academic record and the disclosure of any investigations into misconduct.
Work-Study Programs
Misconduct can also impact work-study programs that team financial aid with service or a job. For example, the outcome of a Title IX investigation can lead to ineligibility for ROTC programs, and thus the loss of an ROTC scholarship. Moreover, misconduct investigations may have to be disclosed on some applications for professional licenses.
What Should Someone Do If They've Been Accused of Misconduct?
Anyone receiving financial aid should contact an attorney as early as possible in the process. Because colleges and universities don't prosecute misconduct cases the way a court would, and the accused often isn't guaranteed due process in the traditional sense, a skilled and experienced attorney advisor can offer advice and guidance on protecting yourself and how to proceed.
Attorney Joseph D. Lento and the Lento Law Firm specialize in student disciplinary cases nationwide, including those where financial aid is on the line, and he and his expert team at the Lento Law Firm have exceptional experience defending clients across the country. For expert advice on navigating financial aid eligibility requirements when faced with allegations of misconduct, call 888-535-3686 to discuss how the Lento Law Firm can defend you.
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