Academic Judicial Affairs

Question

I was asked to appear to the Judicial Affairs office at my University. Although innocent, they slapped me with "cheating" and "lewd conduct" -- amongst other charges I am unaware of (and are exaggerated).

The major mistake I think I made was signing the Resolution to continue enrollment at the University. They gave me Disciplinary probation for one term.

However, the University is rotten to begin with so I am discontinuing enrollment anyway and applying elsewhere.

Questions:
1) Will they (the applied-to University) find out about this in a "background check?"
2) Are they (the applied-to University) allowed to background check? (above)
3) Well, can't you just appeal the record and have it removed by a lawyer?

Any other helpful answers is appreciated. as I am opting for (3), since: http://forums.studentdoctor.net/threads/can-i-get-away-with-not-submitting-an-old-transcript.591439/

IMPORTANT Preferably, If I could get away with it, I would just do the time (disciplinary probation) and withhold the transcript upon application into a more desired University.

Also, could I get away with dropping all classes and retaining the excess in disbursement from Financial Aid? Of course, having attended each Probation meeting with the counselor until the point at which I receive the money?

Answer 1

Under the relevant federal law, FERPA (34 CFR Part 99.31(a)(2)), it is allowed without your consent if

The disclosure is, subject to the requirements of §99.34, to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

The requirements of 99.34 involve the annual FERPA disclosure (nobody forgets to send those out), and "an opportunity for a hearing under subpart C", which is about amending the record if it is inaccurate, or "or in violation of the privacy rights of the student". Cutting through the spaghetti, it is legal at the federal level. There might be state laws or university rules that prevent such a disclosure. Whether or not an institution will disclose such information is virtually unknowable on legal grounds (if they must, they will; if they may not, they won't; if they can, who knows).

You can of course appeal a record, if there is an inaccuracy. You first have to go through the university-internal appeal process. Whether or not a lawyer may represent you at the hearing depends on university rules. Let's assume that the rules allow it, and the appeals panel does not agree that the record is inaccurate, then the next step would be to file suit in court. The main avenue for such appeal is denial of due process, but courts grant much more procedural latitude to institutions than they do with police and prosecutors.

There are very many forms of financial aid each of which has particular rules regarding class attendance.