DUI & University of Akron Students

University of Akron students who are charged with DUI/OVI/drinking and driving face more severe punishment than a regular Akron DUI defendant. Why? Because the Akron student must not only face the drinking and driving charge in Akron Municipal Court, where DUI charges are traditionally prosecuted, but also at the University of Akron, where the college can use the student DUI to charge the student with a violation of the code of student conduct. If you have an Akron Ohio DUI case, you should consider talking to a top Akron Ohio DUI lawyer to see if he can get the case dismissed or reduced to a lesser offense. The penalties on these pages only apply to drivers who are convicted of DUI/OVI. An experienced Akron Ohio DUI lawyer may be able to prevent that from happening.

An Akron student charged with DUI/OVI who is under legal drinking age (21) will typically face the drinking and driving charge Akron Municipal Court or another Ohio municipal court where the incident occurred. These students face traditional DUI/OVI penalties including thirty days in the Summit County Jail, a $250 fine, a two-year Ohio DUI license suspension, and substance abuse treatment at an Akron Ohio DUI treatment facility. While significant, these consequences are less severe than Akron Ohio DUI drivers who are over the age of 21.

University of Akron students charged with drinking and driving who are over the age of 21 will face standard DUI penalties as follows: (a) 3 days in the Summit County Jail up to a maximum of six months; (b) a fine ranging from $375 to $1075; (c) Substance abuse counseling at an Akron DUI treatment facility; (d) mandatory Ohio DUI license suspension between six months and three years; (e) probation with the Akron Municipal Court; and (f) the possible imposition of special Ohio DUI license plates and an ignition interlock device to be used if the student is given driving privileges during his suspension.

The University of Akron Student Disciplinary Process

In addition to the regular legal process that plays out in the Akron Municipal Court, a University of Akron student may face discipline from the college as well. The University of Akron Code of Student Conduct prohibits many types of student behavior including drug use, underage consumption of alcohol, public intoxication and student drinking and driving. Any Akron student found to have committed any illegal conduct is subject to the University of Akron disciplinary process.

The University of Akron Student Disciplinary Process Part 1: The Investigation

Members of the University of Akron community may file a referral alleging that an Akron student has committed an act that is a violation of the Code of Student Conduct, including drinking and driving in Akron Ohio. In addition, the college may receive referrals from external entities, including law enforcement agencies in Ohio and citizens of the general population. Police departments around the state of Ohio routinely make referrals for Akron students who are caught drinking and driving in Akron and other cities. Upon receipt of a referral, the college reviews all relevant information and may consult with the appropriate parties regarding the incident in question.

The Akron student will be quickly notified of the alleged violation and summoned to appear before a University of Akron hearing officer. At the initial hearing, the officer will notify the student of the allegation against him and be provided a copy of any reports or statements that were made against him. In the case of a student DUI/OVI allegation, this may include Akron police reports, Akron DUI reports, field sobriety test results and results from any student DUI breath test, DUI blood test or DUI urine test. The accused Akron student will also be asked to make a statement concerning the reported violation, but is under no obligation to do so.

The University of Akron Student Disciplinary Process Part 2: Trial or Determination of Responsibility

Any University of Akron Student who challenges an alleged violation of the Code of Student Conduct, including a student DUI offense, will be scheduled for a Determination of Responsibility Hearing.

The student will be notified in writing of the date, time, and location of the hearing and include the following information about the referral:

  • the specific allegations pending against the student, including a student DUI/OVI charge
  • a brief summary of the allegations, including an Ohio DUI/OVI police report if available.
  • a statement of the Akron student’s rights and responsibilities under the code of conduct.

Instead of a judge, the University uses a hearing officer to assess the facts and circumstances of the case and determine if a violation of the student code of conduct occurred.

The standard of evidence at the hearing is a preponderance of the evidence, meaning the University of Akron must prove its case against the college student by just 51%. In other words, the college merely has to prove it’s more likely than not that the student misconduct occurred, which is the lowest standard of evidence in American jurisprudence, far lower than proof beyond a reasonable doubt, the burden of proof in the Akron Municipal Court DUI case. At the end of the proceedings, the hearing authority will decide if the Akron student is in violation of the University of Akron’s Student Code of Conduct.

The accused Akron student may have an Akron DUI/OVI lawyer throughout the Determination of Responsibility Hearing, however, the lawyer’s involvement is limited by the University’s rules. For example, the University, like most colleges, only permits the Akron DUI lawyer to counsel the accused student, advise him, give him direction and explain things during the course of the proceedings. In limited circumstances, the Akron DUI lawyer can advocate on the student’s behalf during proceedings. While the lawyer’s role may be limited, it can be very advantageous for a student to have an Akron DUI attorney on her team, particularly when they have also had a student DUI pending in Akron Municipal Court.

Why? For many reasons, but one of the biggest reasons is that unrepresented Akron students often make inculpatory statements admitting illegal behavior at disciplinary hearings, even when they don’t realize they’re doing so. Such statements can then be admitted into evidence in an Akron Municipal Court DUI trial to determine the student’s guilt or innocence. This may lead one to believe that an Akron student should never make a statement at the Determination of Responsibility Hearing. However, it’s not that easy. Sometimes it is unwise for a student to sit silently because the student’s testimony can sometimes prove his innocence in the disciplinary forum. Only an experienced Akron DUI lawyer can provide real-time advice on whether the Akron student should make statements, answer questions or remain silent in the Determination of Responsibility Hearing.

The University of Akron Student Code of Conduct sets forth some other basic rules for the hearing:

  • Both sides must provide notification of any witness they intend on calling to testify at the hearing. At the hearing, both sides may ask questions of the witnesses and so can the hearing officer.
  • The accused student is permitted to have an Akron DUI lawyer as an advocate and the University is permitted to have an attorney advocate on its behalf as well.
  • The accused student is allowed to remain silent throughout the proceedings and can choose not to testify or answer questions. Further, the University will not punish the student for exercising such right.
  • The accused Akron student shall be given the opportunity to present evidence of extenuating circumstances, good character, good academics, or history of good conduct bearing only upon the sanction to be assessed by the university hearing board.
  • Parties may be allowed to submit witness statements as evidence if the party is unable to appear at the hearing.

At the conclusion of the hearing, the hearing officer or hearing board will determine whether the accused Akron student is in violation of University of Akron Student Code of Conduct. After a verdict is reached, the student will be provided with written notification of the decision or verdict.

The University of Akron Student Disciplinary Process Part 3: Sanctioning or Punishment

The University of Akron Code of Student Conduct states that sanctions should be commensurate with the violation found to have occurred, including when the violation is related to an Akron student’s DUI. Individual circumstances, attitude, and the student’s behavioral history are some factors the college will consider in imposing sanctions. Thus, a second DUI/OVI offense is likely to be punished more severely than a first DUI/OVI. Possible sanctions include:

University of Akron Educational sanctions

This type of sanction including miscellaneous requirements that may be imposed on an Akron student, including workshops, work assignments, essays, service to the university, residence hall actions up to and including cancellation of contract, or other related discretionary sanctions.

University of Akron Financial Penalties

The University may impose a fine upon an Akron student for a violation in accordance with the schedule approved by the board of trustees.

University of Akron Formal reprimand

This sanction is a formal written notification to the Akron student that he has violated university regulations and that future violations will result in additional charges and sanctions. This sanction is similar to an official warning from the University.

University of Akron Loss of privileges

The University can deny an Akron student specific privileges for a designated period of time. This may be associated with loss of student housing, parking privileges, or athletic activities.

University of Akron Probation

Probation is a sanction that is imposed for a designated period of time and includes the probability of more severe disciplinary sanctions if the Akron student violates the code of conduct while on probation. If an Akron student is placed on probation, it may affect his ability to participate in athletics, serve in a leadership capacity in student organizations or act as a representative of the University of Akron. Some terms of probation may be to complete Akron Ohio DUI educational classes, substance abuse treatment at an Akron Ohio DUI treatment facility or community service.

University of Akron Revocation of Admission

This is a sanction that can be used for an Akron student violation that occurs before the incoming student’s first class at the University of Akron.

University of Akron Restitution
This sanction is compensation for loss, damage, or injury caused to the school or another person. This compensation may take the form of community service, monetary payment or material replacement. For example, if an Akron student hits a school sign while drinking and driving, as part of his sanctions, he may be required to pay the cost to replace the sign.

University of Akron Suspension

This is a very serious sanction and involves the separation of an Akron student from the university for a specified period of time, after which the student is eligible to return. Conditions for readmission are often required and may involve Akron Ohio DUI educational classes, substance abuse treatment at an Akron Ohio DUI/OVI treatment facility or community service.

University of Akron Dismissal

This is the most severe sanction the University can impose upon an Akron student and involves permanent separation of the student from the university.

University of Akron Students Can Appeal the University’s Decision and Sanction

An Akron student found in violation of the code by any means, including an Akron student DUI/OVI offense, has the right to appeal the decision and sanction. The Code of Conduct limits any appeal to the following specific grounds:

  • To determine whether there was a misapplication or misinterpretation of the rule alleged to have been violated.
  • To determine whether the disciplinary sanctions were unreasonable considering the violation.
  • To determine whether a significant procedural error occurred at the hearing that was materially prejudicial to the Akron student.
  • There is new evidence, information or witnesses that were unavailable at the time of the student’s hearing and that appear favorable to the Akron student.
  • To determine, based only upon a review of the hearing record, whether there hearing board or officer had a reasonable basis for the conclusion that a violation of the code of student conduct had been proven.

After reviewing the appeal, as well as any additional documentation, the University of Appeals Board will take one the following actions:

  • The appeal may be denied and the outcome of the hearing upheld.
  • The case may be remanded for a new hearing.
  • The university appeals board may reverse the finding guilt or responsibility.
  • The university appeals board may uphold, increase or reduce the sanctions.
  • The university appeals board may dismiss the appeal if the appeal is not based upon one or more of the grounds set forth above.

Other Ohio Colleges and Universities

If you are a college student at one of Ohio’s other colleges or universities, please click on the link to review the university’s procedures as they relate to DUI and the disciplinary process.

Common Mistakes in Ohio DUI/OVI Investigations

No Akron Ohio DUI/OVI/drinking and driving arrest is perfect and the best Akron Ohio DUI/OVI lawyers knows this. Most Akron Ohio DUI/OVI investigations include a number of witnesses, including police officers and the personnel who collect, store and test chemical samples.  These witnesses are human and they make mistakes. Further, most Akron Ohio DUI/OVI investigations include a breath testing device or other testing equipment that is not always maintained according to current Ohio DUI/OVI regulations.

Do You Want Award-Winning Ohio DUI/OVI Representation?

There are over 1 million laws in the United States. I am a top Akron Ohio DUI/OVI defense lawyer who devotes his entire practice to ONE. Because of my experience and concentrated focus, I know the Akron Ohio DUI/OVI laws better than most attorneys in the state. I am passionate about Akron Ohio DUI/OVI defense and I get results, however, I only accept a limited number of clients. If you’re serious about your case and want a top Akron Ohio DUI/OVI lawyer on your team, call me, the Ohio DUI Dude at 1-844-DUI-DUDE.

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