Where We Can Help - Maryland

In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.

Are you headed to Maryland for college? Getting ready to send your student to a university in this East Coast state? If so, you're in good company: Maryland is home to many private and public colleges. You or your student will enjoy a top-tier education in the Old Line State from the University of Maryland college system to Johns Hopkins, St. Johns College, Loyola University, and many others.

Here's the thing, though: Matriculating in college, living on your own, traveling to a new state, and many of the other experiences you'll garner as a college student can be completely overwhelming. From academic issues to integrity concerns, managing your reputation, and more, there's a lot that could go wrong when you become a college student in Maryland.

It's time to ensure that you have all the information you need for a successful, stress-free college experience. Let's talk about what you need to know.

Public Colleges and Universities in Maryland

Public college and university systems abound in Maryland, including the many campuses of the University of Maryland, Salisbury University, the University of Baltimore, and Towson University. Public colleges can be more economical, larger, have more academic options, and receive more state funding than their privately-funded peers. They also tend to be subject to a wide array of regulations at the state level to ensure that they offer a consistent experience for all their students.

Since these types of higher academic institutions are the largest in the state, we'll use the University of Maryland as an example to review the typical code of conduct and disciplinary information. However, Maryland is home to more than just public colleges; the state has a wealth of other education options.

Private Colleges and Universities in Maryland

There are also many high-quality private colleges and universities Maryland has to offer. Some of the most well-known include:

• Johns Hopkins University
• Loyola University
• Goucher College
• Stevenson University
• Maryland Institute College of Art

While it can be tempting to believe that private school systems are not subject to the same laws and regulations as Maryland public schools, this usually isn't the case. In some situations, Maryland private schools may have their own set of rules or guidelines that they must adhere to in order to ensure a safe, high-quality experience for their students. The many private colleges, universities, and private career schools in Maryland submit to regular reviews by state authorities, such as the Maryland Higher Education Commission, to retain approval for funding and accreditation. In addition, all degree-granting institutions—including both public and private schools—must follow the Code of Maryland Regulations issued by the Maryland Higher Education Commission. These regulations include stipulations regarding campus maintenance, curriculum requirements, financial aid resources, discrimination laws, and more.

Ultimately, it's key to remember that if you need to take action against your school, you'll likely be able to find some basis to do so—regardless of its status as a private or public college.

Common Types of Misconduct in Maryland Schools

While it isn't the only type of stressful situation that a Maryland student may face, dealing with misconduct allegations is an uncomfortable, often overwhelming experience that requires mitigation by a deft hand.

According to the University of Maryland's Office of Student Conduct, a student may face three general types of misconduct allegations. These are sexual, academic, and general misconduct.

Title IX or Sexual Misconduct

Title IX is a federal rights law dating back to 1972 that governs how colleges and universities must handle allegations of sexual misconduct. According to this law, all schools that receive federal funding or hope to remain eligible for federal funding—which encompasses public schools and many private institutions—must investigate sexual misconduct allegations quickly or risk losing their funding.

The types of sexual misconduct and discriminatory acts that may merit attention under Title IX or related sexual misconduct policies may vary slightly from school to school. The University of Maryland's sexual misconduct and harassment policy calls out the following actions as those the university may find punishable:

• Unwelcome conduct, or the creation and/or perpetuation of a hostile environment
• Sexual assault, which includes instances wherein the victim cannot provide consent
• Unlawful sexual intercourse, e.g., rape or incest
• Dating or domestic violence
• Stalking
• Sexual harassment
• Sexual coercion
• Sexual intimidation
• Sexual exploitation

The most common punitive measure in a sexual misconduct case is, at the very least, suspension; students perceived to be guilty will likely also face expulsion.

Academic misconduct

Many academic institutions will publish and adhere to an honor code or some type of integrity statement. This statement may direct the school's actions when a student acts in a way that does not reflect this honesty or integrity.

While academically dishonest acts may encompass a wide variety of activities, certain actions are likely universally punishable. These include:

• Cheating, or any dishonest or fraudulent attempt for a student to gain an unfair advantage over their peers in an academic exercise
• Fabrication of data
• Helping another student cheat or fabricate data
• Plagiarism, or any situation when a student attempts to pass off the work or words of another as their own

Some schools may say that they will punish academic misconduct with a little more variety than a sexual misconduct case, offering plagiarism education courses or other restorative options. However, the most likely result is still a suspension, particularly in severe or repeated misconduct cases.

Code of conduct issues

Outside of academic and sexual infractions, many schools will note that they have processes for more general misconduct or illicit behaviors. Actions that fall into this category may include drug or alcohol infractions, hazing activities, bullying, property offenses, or forging identification. One of the easiest punitive measures for schools to mete out is suspension, which makes it a likely contender for the end of most disciplinary processes.

While a suspension—particularly a temporary one—may not exactly seem like a big deal, it's important to realize what a suspension can do to your reputation and your future. At the end of your disciplinary process, your school will make a note on your transcript, ensuring that you have a permanent record of your alleged infraction. When future employers, future schools, or those awarding any of the opportunities you wish to obtain in your future request your transcript, they'll see that you were involved in some type of misconduct.

It may not seem fair, particularly if the allegations against you or your student are false, but this can be enough for an admissions committee or dream employer to decide against offering an opportunity.

You need to make sure that your school doesn't place such a note in your file—or even award any punishment that could make anyone viewing your transcript wonder if you were involved in misconduct. (For example, even an un-noted suspension will result in a gap in your transcript that you'll need to explain.)

As you go through due process at your Maryland school, you'll need to be very careful to work strategically, so your reputation remains intact.

What Happens After an Accusation of Misconduct?

Whether you're accused of sexual, academic, or general misconduct, the overarching process your school will use to investigate and adjudicate your case will be at least somewhat similar. The policy that your school will cite and specific opportunities may differ—the use of witnesses in a Title IX case, for example—but, for the most part, you can expect to experience the following general steps:

• Your school will send you or your student (or, in some cases, both student and parent) a notice of misconduct. This notice will include an overview of the allegations against you and the next steps in the disciplinary process.
• You will attend some type of meeting to discuss the issue further. This could be as simple as a relatively informal one-on-one with an instructor, or it could range to a panel interview.
• The school will take some time and expend some resources to delve into the matter at hand. This investigation may involve discussing the alleged incident with witnesses, looking into the school records of all parties involved, and other similar activities.
• The school will invite all parties involved to a disciplinary hearing or other type of formal meeting. At this hearing, the school will review all evidence, hear statements from all parties involved, decide responsibility for the incident, and recommend further action.

After this occurs, you will have the choice to carry out the punishment or pursue an appeal to negotiate further with your school.

What Are Appeals Processes Like at Maryland Schools?

Within a set timeframe after your Maryland school issues a disciplinary decision, you will likely have the chance to file an appeal if you wish to do so. Filing an appeal is a highly strategic decision that allows you to renegotiate your discipline if need be.

Most schools recommend that you only file an appeal if you have new information available that did not come to light during the initial investigation or if you can demonstrate a procedural irregularity that occurred during due process. In addition, you will likely only have one chance to file an appeal, so it's in your best interest to make it count!

It's always a good idea to consult with your advisor and obtain their assistance drafting your documents to file an appeal that is best suited to work well for you.

Is it Time to Sue Your Maryland school?

If you have pursued all avenues of recourse at your school, it may be time to take things to a new level. Considering litigation against your school may seem scary, but it can be a very effective way to seek a successful resolution to your case. However, you should not tackle this hefty step without due consideration. It's very likely that after litigation, your relationship with your school will be at an end.

Since this is the case, make sure you've taken all possible action before filing a suit. This may include the following steps:

1. Exhausting all resources at your school. Make sure you have gone through the customary code of conduct disciplinary process and filed a persuasive appeal.
2. Filing a complaint with the Maryland board of education. The Maryland Higher Education Commission oversees all public and private institutions in the state. It also has a way to register concern for poor treatment or any issues you may face at your school. This can be an excellent intermediate step before filing a lawsuit against your school.
3. Work with a great lawyer who has a track record of building successful student defenses. If you aren't already working with a lawyer, you absolutely must do so before filing a lawsuit.

Issues and Concerns Maryland College Students May Face

As the University of Maryland notes, there are several stressful experiences Maryland college students may encounter that have little to do with specific actions of misconduct. A student may struggle with alcohol or drug issues, psychological stressors, learning disabilities, and other difficult and/or damaging situations.

Many public and private colleges will realize this and have specific resources available to help those who are struggling. Other colleges won't—or will fail to mitigate any stigma associated with taking advantage of those resources. Unfortunately, if you or your student is struggling with academic pressure, health concerns, landlord or rent struggles, or other issues that may influence a Maryland college student's experience, you may face the difficulty of struggling alone.

That's why it's crucial to ensure that you have the information you need to take a step in the right direction—and that you have access to a team who can help you with the real-life stressors you face. Let's discuss the types of resources and information you should be aware of to avoid getting overwhelmed while you attend a Maryland college.

Laws Maryland students should know about

• Underage drinking. In Maryland, underage drinking is only lawful when a young person is in their parent's home when their parent is supervising. Any other circumstance is punishable under law.
• Drinking and driving. Maryland has strict laws about driving under the influence. Doing so will put students at risk of losing their license (and bodily harm).
• Drug possession and use laws. Possession of recreational drugs can merit steep punishments, including hefty fines and jail time.
• Landlord-tenant contracts. If a student opts to live off-campus, they will be subject to Maryland rent and housing laws. They'll need to read and follow their rental agreements carefully and be aware of all relevant Maryland tenant rights and responsibilities.
• False identification. If a Maryland college student presents or uses fraudulent government-issued identification, they could get charged with a misdemeanor. The stakes are even higher for a college student caught selling fake IDs.

Maryland statutes of limitations

Statutes of limitations reflect the maximum amount of time after something happens that you, your student, your parent, or any other party has the ability to file a lawsuit or otherwise pursue legal processes regarding an incident. Whether you're worried about being on the receiving end of a suit or you need to know how much time you have to strategize before taking action, it's good to understand what your state's statutes of limitations are.

Maryland observes the following limits:

• Injury to person/s: Three years
• Libel or slander: One year
• Fraud: Three years
• Injury to personal property: Three years
• Trespassing: Three years
• Collection of rent: Three years
• Contracts: Three years
• Collection of debt: Three years

Common college student stressors

Aside from concerns about academic or other misconduct, college itself can be a stressful time. College students are growing, challenging themselves with their studies, figuring out what they want to do with their lives, and competing with their peers for scholarships and opportunities.

In many cases, these kinds of stressors can lead to poor mental health and conditions such as depression and anxiety that may not directly affect academic performance and college experiences but will very likely have an indirect effect. Since this is the case, it's vital to get the help you need when struggling with academic, financial, personal, or familial stress.

While your school should have some resources available to you—guidance counselors and health professionals, for example—this may not always be the case, and, in other cases, you may need to seek help outside of your school. If you are going through a legal battle with your school, it's critical to manage your mental health as well. Ask your student defense attorney if they have recommendations for resources, and make sure they are aware of the issues you face and the concerns you have. Even if it doesn't seem relevant, this may constitute critical information that you can use to help you move towards a successful resolution. If it isn't, you're still going to need help moving through any college-related suffering you are experiencing.

What a Successful, Skilled National Student Defense Lawyer Can Do For You

No matter where you live or attend college, it's always a good idea to reach out to the best national legal expertise possible. Why?

Negotiating with colleges, working within university discipline systems, and working to protect a student's all-important reputation is a fine art. These types of cases require a specific skillset and honed persuasive skills. When you're fighting with your future or your student's future on the line, you want to know that your lawyer has worked with students in similar situations before.

Not every lawyer will have this experience; it's a niche expertise and not common. You'll find that working with a student defense lawyer who knows what he's doing is far more important than physical proximity. Don't cut yourself short by working with someone down the street; instead, find the person who can do the right job for you.

When you're working with an experienced student defense attorney, you can expect:

• Knowledgeable assistance with disciplinary codes
• Help drafting persuasive documents
• Familiarity with regional laws
• Awareness of preceding and similar cases
• Further resources for academic issues
• Assistance with deadlines
• Lower stress levels
• Higher chances of success

Maryland College Students, Call the Lento Law Firm for the Help You Need

When you're headed to Maryland for college, there's a lot that you're going to need to learn. Especially if you're not from Maryland initially—or if you're moving from far out of state—the laws, local guidance, and academic issues you could face might quickly become overwhelming.

At the Lento Law Firm, we aim to get you all the information you need to succeed. Whether you need help negotiating with your school, protecting your reputation, pursuing litigation in your state, or dealing with any other concerns that might arise during your college experience, we're here to help. Attorney Joseph D. Lento is ready to offer you the precise skills and services you need to manage legal issues or academic missteps strategically and successfully.

Don't try to take on your academic misconduct or other integrity processes at your Maryland college alone. Rely on a professional to protect your best interests today. Call the Lento Law Firm at 888.535.3686 to learn more about our services or reach out online.