Were you accused of misconduct at your university? You have everything to lose and nothing to win—from interim disciplinary actions to a permanent blemish on your academic record—even if you are cleared of responsibility.
A troubling example of this is the recent case at the University of Pennsylvania involving graduate student Mackenzie Fierceton She suffered dire consequences for allegedly lying on her admissions application, even though Penn's months-long investigation failed to find her responsible for lying.
Office of Student Conduct Disciplinary Process
At the University of Pennsylvania, misconduct allegations are handled by the Office of Student Conduct. Once they receive a report, they follow the same general process as most colleges and universities. The following is a general overview. At the University of Pennsylvania, as with most any college or university, there are many nuanced steps during the disciplinary process.
- Evaluate the report and determine student status
- Gather information: Contact the complainant and potential witnesses to gather more information, if necessary
- Schedule a meeting: Schedule a time to meet with you, the accused (called the respondent)
- Conduct an investigation: If the investigation indicates disciplinary action may be warranted, they will notify all parties
- Request a statement of your side of the story to be submitted to the investigator. If you have not already sought advice from an attorney who is experienced in student discipline defense, now is the time to do so—before you go further in the disciplinary process.
- Schedule a hearing: You have a right to participate in a hearing. At Penn, unless you are facing Title IX allegations, your attorney cannot participate at a hearing for matters involving academic misconduct or general disciplinary issues, for example, as is the case at most private schools; however, your attorney can help prepare you for a hearing and advise you in a behind-the-scenes capacity during the hearing.
- Impose disciplinary sanctions if misconduct has been established by a preponderance of the evidence
How the Process Can Fail the Accused
The process seems straightforward enough, so if you are cleared of responsibility, you won't suffer any ill consequences, right? If only that were true.
Depending on the nature of the allegation, interim sanctions can be imposed on you even while the investigation is ongoing, including but not limited to:
- You may be ordered not to have any contact with your accuser and vice versa. This might mean staying out of classes you are both in, changing your housing or meal arrangements, or staying away from your usual extracurricular activities.
- You could be suspended from the university pending the final outcome of the investigation
- Your degree could also be withheld pending the conclusion of the investigation
The High Costs of Facing a Student Disciplinary Committee
Whether you are deemed responsible for the misconduct or not, just being accused can cost you tuition money, time, a clean academic record, difficulty resuming your education, difficulty getting hired in the future, or damage to your personal or professional reputation.
School disciplinary committees are pressured to work quickly, so once you're notified that you've been accused of misconduct, you won't have the time or resources to put together an optimal response. That's why contacting an attorney immediately can be critical.
Contact an Experienced Student Disciplinary Defense Attorney for Advice
If you or your child is facing any type of student disciplinary hearing, your academic and professional future may be at stake. Don't risk your future career and your reputation by trying to handle the process on your own. The LLF Law Firm has many years of successful experience helping students deal with unfair allegations, disciplinary processes, and other school-rights-related issues. Contact the LLF Law Firm at 888-535-3686 today to discuss your case and your options.
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