Misconduct Defense at the University of Colorado at Boulder

The University of Colorado at Boulder (UC Boulder) is one of the most diverse and interesting universities in the U.S. Although most Americans know UC Boulder for its famous football team, it is also an academic and research powerhouse. For students attending UC Boulder, the experience of attending college in a beautiful and diverse community can be tainted by misconduct allegations and discipline. The charges vary but typically involve a violation of the UC Boulder Code of Conduct. The good news is that the UC Boulder discipline scheme emphasizes restorative justice and keeping the student at the university despite missteps. The bad news is that the resolution process makes it difficult to cross-examine witnesses and may involve a single decision-maker doing both the investigation and the formal decision-making. This process makes it critical that you have an experienced attorney who understands the nuances of college misconduct defense.

If you have been accused of misconduct at UC Boulder, you need an experienced attorney to guide you through the student discipline process. The Lento Law Firm has a proven track record of successfully representing countless students over the last decade, and they can help you. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.

Authority and Jurisdiction

The UC Boulder Code of Conduct controls all student disciplinary matters. The Student Conduct and Conflict Resolution (SCCR) Department controls the disciplinary process and decides the outcome or discipline imposed in individual cases. The person assigned to both investigate and decide a disciplinary matter is called a resolution specialist.

Types of Misconduct Leading to Misconduct Charges

UC Boulder defines the following types of misconduct as Code of Conduct charges that may result in student discipline:

• Abusive Conduct/Hazing/Harassment: The conduct must be severe, persistent, and pervasive and might be verbal, written, or physical.
• Alcohol and Drug Violations: The policy prohibits underage drinking, drinking to a dangerous level, and driving under the influence. Drug policy prohibits the possession and use of illegal drugs and prohibits the use of medical marijuana on campus. The policy also prohibits the sharing or trade of prescription medications.
• Damage to Property: This includes damaging university property or any property not belonging to the person accused.
• Failure to comply with college officials.
• Falsification of application materials or use of fake or false ID.
• Fire Safety Violations: This might involve setting off a fire alarm or tampering with a smoke detector.
• Disrupting university activities.
• Interference, Obstruction, or Disruption of CU Boulder Activity or interference with law enforcement.
• Physical Misconduct: This includes fighting, assaulting, or restraining another person.
• Indecent exposure of intimate parts or any public sex act or urination or defecation in public.
• Recording another person without consent if recording causes emotional distress.
• Sanction Noncompliance: Failing to complete or comply with a required resolution outcome.
• Violations of the Law: Theft, threats, unauthorized entry to university facilities or property, parking in emergency spaces, or other violations of local, state, or federal law.
• Residence Handbook violations.
• Infectious Disease mitigation violations: Refusing to wear masks or take other actions to prevent the spread of infectious disease. This includes vaccine requirements, subject to exceptions.
• Possessing a weapon, including a firearm, brass knuckles, knife, or dagger, or an innocuous weapon designed to look like a gun or explosive.

While some of these instances are clear violations (bringing a gun to campus), others are difficult to understand or overly broad (videotaping another person and causing them to feel distressed). Other things defined as misconduct under this policy may involve violations of student rights, such as using medical marijuana or some infectious disease or immunization requirements. Anyone facing a misconduct allegation should consult an experienced attorney, as even relatively simple charges can be much more complex than they first appear.

Possible Disciplinary Outcomes at CU Boulder

The following are possible disciplinary outcomes for students accused of misconduct at CU Boulder.

• Warning or Written Reprimand.
• Probation or a period in which repeated misconduct allegations may result in more severe punishment.
• Loss of good standing, which may result in a loss of leadership position, study abroad privileges, or other student privileges or rights.
• Suspension, or a time when the student is not allowed to take courses or participate in university activities.
• Suspension in Abeyance, or deferred suspension, usually pending rehearing or appeal.
• Expulsion, which makes the student permanently ineligible to study at UC Boulder.
• Revocation of admission allows UC Boulder to revoke an admission decision and order the student to reapply.
• Ordering the student to take a class or engage in other behaviors or experiences to increase the student's understanding of the issue.
• Residence hall reassignment or termination, in which the student must move dorm assignments or is terminated from living in the dorm.
• A “no contact” directive limits the student from contact with other people or organizations. This may also involve limiting a former student's access to UC Boulder property or facilities.
• Fine, or an “adjudication fee” of $75-$100. Failure to pay this fee can result in a “hold” placed on the student's account.

UC Boulder may impose any of these or multiple outcomes, depending on the nature of the allegations.

Types of Resolution Processes at UC Boulder

After receiving a complaint, UC Boulder may;

1. Find that the allegations, even if true, do not violate the student Code of Conduct.
2. Find that the allegations constitute a potential Code of Conduct violation, notify the student or organization of the pending complaint, and institute a formal resolution process.
3. Institute an informal resolution process, including mediation.
4. Institute a restorative justice process.

Whether a complaint is dismissed or results in a formal or informal resolution is up to the UCCR.

Defending Misconduct Charges at UC Boulder

If a student is accused of misconduct that violates the Code of Conduct at UC Boulder, the defense to the charges will follow several steps.

Step One – Notice of Charges and Request for Meeting

The student will generally receive a notice of a resolution meeting, which will include:

• Summary of facts regarding alleged misconduct.
• How the alleged conduct violated the Student Code of Conduct.
• The requirement that the student schedule a resolution meeting with SCCR within a certain time frame, or the notice may simply set a date and time for the meeting.

Step Two – Informal Process or Restorative Justice Process (optional)

UC Boulder may offer the student an informal resolution process involving mediation or other conflict resolution techniques. In this process, the student accepts some responsibility for the misconduct and participates in some type of corrective action. This might mean a class, counseling, conflict coaching, or alcohol/ substance abuse classes. In some cases, this type of informal agreement may be a good outcome for the student; in other cases, it is not appropriate.

Closely related to the informal dispute resolution process is the restorative justice process. This process also involves the student sitting down with the alleged victim or victims and working out a solution. An example might be a student found to have committed property vandalism while sitting with the property owner and later engaging in restitution activities, such as painting or cleaning the property. In certain cases, engaging in this type of restorative justice activity may be in the student's best interest. As always, consult an attorney before admitting fault and agreeing to any restorative justice or other informal resolution.

Step Three – Formal Process

The university may proceed with a formal process if an informal resolution is unsuccessful (or not an option). This process may result in discipline, including suspension or expulsion.

Written Notice of Allegations

The formal process begins with a written notice of allegations and violations of the Student Code of Conduct. This notice may be sent to the student via email, mail, or in person.

Resolution Meeting

Thereafter, the student is given the opportunity to meet with the resolution specialist to give their “side of the story.” Before meeting with a resolution specialist, any student accused of misconduct should consult the experienced education attorneys at the Lento Law Firm. This meeting is pivotal because it may be the student's only chance to convince the resolution specialist of their position.

Witness Testimony

The student may ask the resolution specialist to interview witnesses by giving the specialist the name and essential information for a witness. The resolution specialist must make a “good faith effort” to interview witnesses identified by the accused. For this reason, an accused student should present affidavits (or sworn statements) from witnesses that are helpful to their case. The resolution specialist may still contact them, but it allows the accused party to ensure that the witnesses will be heard and part of the appeal. The accused student may ask for the names of witnesses known to the resolution specialist and their expected testimony. Problematically, the accused may submit questions for the resolution specialist to ask a witness but cannot cross-examine a witness as part of the formal process.

Decision and Outcome

The resolution specialist will review the evidence and will make determinations of fact and conclusions on whether a Code of Conduct violation occurred.

Thereafter, the resolution specialist will determine the appropriate outcome or discipline.

Step Four - Appeals

A student may appeal the decision of the resolution specialist if the student has received the following discipline:

• Loss of good standing.
• Revocation of admission.
• Residence hall reassignment or termination.
• Suspension
• Suspension in abeyance.
• Exclusion (student is excluded from campus or areas of campus).
• Expulsion.

The appeal will be heard by a Conduct Appeal Board, which will receive the case file, written appeal, and other documentation provided by the appealing student. This Board reviews the materials but does not typically “rehear” the case. If the Board orders rehearing, the case will be sent back to the resolution specialist.

Appeal Criteria

The following are grounds for appeal:

1. UC Boulder did not follow its own procedures significantly, which led to an incorrect decision or outcome.
2. New information material to the decision has come to light. This information was not available before the resolution meeting.
3. The outcome or punishment was not proportional to the alleged misconduct and its nature. This ground for appeal is only available if the student is suspended or expelled.

Discipline Pending Appeal

The proposed outcome will typically not go into effect until the appeal period has lapsed or the appeal has been decided. Discipline may be imposed during the pendency of an appeal if the welfare of a person or group is threatened. UC Boulder does not allow student appeals for discipline imposed for rioting or hazing.

Appeal Must Be Timely

A student appealing an outcome must file a notice of appeal in a timely manner. The deadline for notice of appeal is typically specified in the decision letter. The student must file the appeal form, a statement of the factual grounds for appeal, and a rationale for the appeal. UC Boulder maintains that it does not allow amendments of appeal documents and that the Director of SCCR (or their designee) will decide whether the documents timely state grounds for an appeal.

Conduct Appeal Board

If the Director of SCCR finds that the appeal meets the criteria, they will appoint a Conduct Appeal Board to decide the appeal. The Board comprises three voting members and a non-voting member, the Lead Appeal Reader, or LAR. The Board will review and decide the appeal by a simple majority vote. The LAR will prepare and submit an Appeal Decision Letter.

Appeal Decision Letter

The LAR will compose an Appeal Decision Letter, which they will serve on the student. The Board may:

• Refer the case to the resolution specialist with instructions on how to change or fix the process.
• Reduce or increase the “resolution outcome” or the discipline imposed on the student.
• Find that new information has come to light that requires the resolution specialist to rehear evidence and rewrite the decision.

The Student Handbook does not appear to allow the Conduct Appeal Board to make its own findings other than the discipline imposed. The procedures only allow the Board to return the case to the resolution specialist. In cases where the student argues that the resolution specialist was biased in favor of the complainant, this is not an adequate remedy.

How the Lento Law Firm Can Help

Call the Lento Law Firm Student Defense Team today if you face allegations of student misconduct at UC Boulder. The Lento Law Firm has represented countless students accused of misconduct, and we can represent you. Call the Lento Law Firm at (888) 535-3686 or leave your details online, and we will contact you.