When students enroll in school, they are to abide by their university’s code of conduct, including behavior that is not even criminal in nature. There is a difference between behaving ethically according to a school code of conduct and abiding by the laws of their state, county, or city. Often, if students get their criminal case dismissed, they may still have disciplinary action taken against them at school because they behaved unethically in the situation.
Students who are facing disciplinary actions for campus misconduct should seek help from a knowledgeable student defense attorney. Justie and Jenn at Nicol Gersch Law could help you understand the Colorado Front Range consequences for student misconduct and help you avoid harsh penalties.
The university does not have to prove guilt beyond a reasonable doubt to take administrative action. One of the Colorado Front Range consequences for student misconduct is that a university will often take action before a student has even been charged criminally, based on the allegations against them.
A student does not have the right to counsel at the student hearing with the student administration. However, they should take an attorney with them because they do not have the right to plead the Fifth to keep from answering questions. If they plead the Fifth, the student conduct or hearing officer can and will assume the worst, and they will make all inferences against them in that case. It is tough to balance their Fifth Amendment right and their criminal defense with a student’s conduct hearing.
Also, having an attorney present in the room with them is helpful. The Student Conduct hearings are often recorded, and they do have the right to bring a support person with them. If students do not have a defense attorney, they can take a parent or someone with them. For severe cases where administrative discipline is likely, or they are facing criminal charges, students should bring an attorney with them.
If a person commits a crime on campus, they should be prepared for administrative consequences through the university if they are an enrolled student. If they are not a college student, and they commit a crime on campus, the university may ban them from ever applying to become a student. Administrative sanctions by the student conduct office is delved out on a case-by-case approach. They may meet with a student hearing officer for a student hearing date, be placed on probation, pay fines, or have to take classes.
Once the conduct hearing is over, the hearing officer will make recommendations regarding what their sentence might be. Administering these sentences can include everything that a criminal case would, but they are unable to put them on supervised, criminal probation. They will just tell them to go and do a theft class.
Another consequence of student misconduct is that universities often take a harsher stance when criminal conduct occurs on campus. They could restrict a student’s ability to go to class if they are accused of victimizing another. They can force them to withdraw from classes even after the drop deadline if that is the case. They may put them on academic suspension as a way to hold them accountable. They may even hold back transcripts back or force subsequent meetings with their hearing officer to check-in.
Another consequence of student misconduct throughout the Colorado Front Range is the loss of housing. The university can force students to move. They can kick them out of on-campus housing without a refund, the return of security deposit, or refund of anything that they paid for the full year. This means students may be left homeless in some of these more severe situations.
A student might want to retain an attorney for any offense that will affect their enrollment, immigration (student-visa), and work statuses. If a student gets in trouble, it can jeopardize not just their enrollment status, but also their ability to pay for their education.
If they are doing work-study or relying on the university for a grant or other type of financial aid, they need to know what their rights are. An example would be a minor in possession. If they plead guilty to underage drinking, they can lose their entire federal grant funding for their higher education. It can impact their student aid. To avoid the Colorado Front Range consequences for student misconduct, individuals should reach out to an experienced attorney. Call Jenn and Justie at Nicol Gersch Law today to get started.