South Carolina

Preparing for college in South Carolina is an exciting time, but it also requires planning and preparation. Whether you’re heading to college yourself or helping your child get ready, there’s a lot to consider, from housing and academics to understanding what to expect on campus.

College offers students the opportunity to make lifelong friends, discover their interests, explore career paths, and work toward a degree that can shape their future.

But college can also bring challenges. Demanding coursework, academic struggles, and interpersonal conflicts can sometimes lead to concerns or disciplinary action that may jeopardize a student’s education and future.

The consequences of disciplinary action can extend well beyond a student’s time on campus. A disciplinary record or interruption in a student’s education may affect opportunities for internships, graduate programs, employment, and other future endeavors. Even sanctions that may initially seem minor can have significant short- and long-term consequences.

That’s why it’s important to be prepared.

Understanding your rights, your school’s policies, and the disciplinary process can help you make informed decisions if an unexpected situation arises. At Schwartz & Arminavage, we believe students should have the opportunity to focus on their education and make the most of their college experience without allowing an unexpected allegation or disciplinary matter to derail their future.

That’s why we’ve created this resource to provide helpful information for students and families preparing for college in South Carolina. Our goal is to help you better understand the challenges you may encounter and know what steps you can take to protect your education and your future.

Issues that may draw your school’s attention generally fall into two categories: academic struggles and misconduct. Academic challenges are especially common during the first semesters of college, as students adjust to a new workload and higher expectations.

While many colleges offer resources to help students succeed, academic difficulties can sometimes lead to disciplinary action or even dismissal.

Common issues that may raise concerns include:

• Alleged substandard academic performance
• Repeated course withdrawals
• Repeated exam failures
• Multiple incomplete grades
• Alleged lack of class preparation
• Failure to complete assignments or required coursework

If you believe your college has failed to provide promised resources or adequate support, it’s important to understand and protect your rights. Failing to address these concerns could result in sanctions that may affect your education and future opportunities.

An academic or misconduct concern may be reported by an instructor, another student, or another member of the school community. Once a report is submitted, the college or university will generally follow its established academic or disciplinary procedures to determine what happened and whether a violation occurred.

•  Notice of the allegation: The school may notify you in writing, often by email, and provide information about the allegation and the next steps in the process.
• Initial meeting: You may be asked to meet with a school administrator or other official to discuss the concerns.
• Investigation: Depending on the circumstances, the school may conduct an investigation and gather relevant information and evidence.
• Hearing or proceeding: Some cases may proceed to a formal hearing or other adjudicative process where you have an opportunity to respond to the allegations and, depending on the school’s procedures, review evidence or address witness statements.
• Decision: The school will determine whether it believes you are responsible for violating its policies.
• Sanctions: If responsibility is found, the school may impose a disciplinary sanction consistent with its policies.

Potential sanctions vary by institution and the circumstances of the case and may include warnings, probation, suspension, or dismissal. Because disciplinary action can affect your education and future opportunities, it is important to take allegations seriously and understand your rights and the procedures that apply to your case.

If you disagree with the outcome, your school may provide an appeal process or other avenue for seeking review of the decision. Understanding the applicable deadlines and requirements is essential, as failing to follow the school’s procedures could affect your ability to challenge the outcome.

If you disagree with a disciplinary decision, your school may provide an opportunity to appeal. Because appeal deadlines can be short—sometimes as little as 10–15 business days—you should review your school’s policies promptly and determine what requirements apply to your case.

An appeal typically requires you to submit written grounds explaining why the original decision or sanction should be reconsidered. Depending on the school’s policies, potential grounds for appeal may include:

• Procedural errors that affected the investigation or adjudication
• A disproportionate sanction in light of the alleged violation and circumstances
• New information or evidence that was not reasonably available during the original proceeding 

Once the appeal is submitted, the appropriate school official or body will review it in accordance with the school’s procedures. The outcome and any further review options will depend on the institution’s policies.

Because an appeal may be subject to strict deadlines and specific requirements, working with an experienced student defense attorney or advisor can help you understand the process and present your arguments effectively.

If the school permits further discussions or resolution after an appeal is filed, your advisor may also assist with communications and negotiations with school administrators or the institution’s Office of General Counsel.

If the appeal is denied or no further internal review is available, additional options may exist depending on the circumstances of your case. An attorney can help you evaluate those options and determine what steps, if any, may be appropriate.

Litigation against a college or university is a significant step and should generally be considered only after available administrative remedies have been explored. Depending on the circumstances, however, filing a lawsuit may be necessary to protect your rights, education, reputation, or future opportunities.

Before pursuing litigation, it is important to carefully evaluate your options and make sure you are prepared. Depending on your circumstances, you may want to consider:

• Exploring available administrative remedies and determining whether additional complaints or appeals are appropriate
• Working with an experienced attorney who understands student disciplinary matters and litigation involving educational institutions
• Pursuing further negotiations with your school, including communication with its Office of General Counsel, when appropriate
• Preserving relevant evidence and documentation related to your case

Litigation can be time-consuming, costly, and complex. Whenever possible, reaching a resolution before filing suit may provide an opportunity to address the matter without the additional burdens of litigation.

An experienced student defense attorney can help you evaluate your circumstances, understand your available options, and determine what legal steps may be appropriate for protecting your interests.