When young adults enroll in North Dakota colleges and universities, they seek to work hard and focus for four years to begin their professional careers on the right foot. Yet, even respectable students can land themselves in trouble and face being suspended or expelled by their school's disciplinary board.
North Dakota institutions do not hesitate to address misconduct with a complex, fast-paced grievance process that can end a student's opportunity to earn an education if their hastily prepared defense does not sway school administration officials. Students and their parents usually do not hire professional help until the school hands down severe punishments leading to a separation from studies. The investigative and hearing phases and subsequent sanctions can be overwhelming, but that does not mean you have lost your chance to remain enrolled in a four-year program.
The opportunity for redress is available to you. College dismissal advisor Joseph D. Lento and the Lento Law Firm can ensure that students in North Dakota are protected against stringent school disciplinary boards and can remain focused on their academic work.
Appealing Disciplinary Sanctions
The codes of conduct at North Dakota institutions of higher education will list the charges—academic misconduct, non-academic misconduct, Title IX violations— for which a disciplinary board can remove a student from enrollment. The code of conduct also lists the regulations governing how students can appeal decisions to suspend or expel.
There are a limited number of situations that grant a student the right to file an appeal. Minot State University explains in its code of conduct that students may appeal disciplinary decisions if the following criteria are met:
- Due process: The accused student must demonstrate that the grievance process did not follow the procedures outlined in the school's code of conduct. The appeals board will also review definitive allegations of bias or conflict of interest on the part of disciplinary board members.
- Excessive sanctions: The appeals board may review a case outcome if the punishments handed down are unreasonable based on the findings of the allegations and the disciplinary board's decision.
- New evidence: Evidence that emerges can be reviewed following the outcome if it was undiscoverable during the review process and unknowable to the accused. Such evidence must have substantially affected the findings.
North Dakota schools do not provide much time after the determination of responsibility for a student to appeal a suspension or expulsion. Hiring a college dismissal advisor to assist you will ensure that you understand your school's specific appeals process and do not abandon your chance to remain in the classroom.
Typically, the timeframe to file an appeal is between two and ten days, but it varies from school to school. Minot State University, for example, gives students four business days upon written notification of the disciplinary board's sanctions to file an appeal. In contrast, the University of North Dakota offers students five business days.
Once the school's appeals review board concludes its review, it will do one of the following:
- Affirm the finding
- Deny the appeal
- Modify the consequences
- Reopen the case
- Reverse the results and punishment
The appellate body's decision is final and is not subject to additional appeals. Once students cross this threshold, they may worry that their academic careers are over.
They may also be asking themselves:
- Has new evidence emerged that could change the outcome of my case?
- How can infringements on my due process be proven?
- Was a suspension or expulsion warranted for my misconduct?
Students are not prepared to navigate this dire situation and may believe no defense is left. A student is normally given 24 hours to leave campus once they are suspended or expelled. Although the appellate period remains active, they will not be able to review pertinent facts about how the school administration investigated and carried out their case or build a solid appeals case.
Retaining the assistance of a college dismissal advisor will give you the confidence that you can fight back against your North Dakota college or university. Just because they have given up on you, that does not mean you should.
Separation From Studies
North Dakota school administrations may seek to suspend or expel students to protect their public reputation, academic or otherwise. At North Dakota State University, if a student does not complete two-thirds of their credit hours, they risk losing their federal financial aid eligibility. Even if a student or their parents can pay semester costs without the help of financial aid, a college or university will not allow them to enroll because it affects the school's federal aid eligibility. Moreover, Dickinson State University may dismiss a student via "emergency suspension" pending a disciplinary hearing for misconduct, which is not appealable.
Institutions of higher education in North Dakota sometimes misapply their hand when suspending or expelling students. A student may be subject to extenuating circumstances that affect their academic performance or behavior on campus, such as:
- Death of a family member or close friend
- Hard transition into campus life
- Injury or illness of an immediate family member
- Overwhelming class schedule
- Physical or emotional trauma
You need professional help to keep you intact with your academic goals and preserve your clean record. Suppose your North Dakota college disciplinary board does not consider these extenuating circumstances in their decision to suspend or expel. In that case, your college dismissal advisor may be able to use them to lessen sanctions.
Unless a college dismissal advisor challenges a disciplinary board's actions, a student's academic career ends in a costly separation from studies. It is critical that students and their parents remember that the grievance process and its investigation, hearing, and sanction phases are not similar to a court of law. Colleges and universities in North Dakota and elsewhere do not have to uphold the due process rights of their students when handling misconduct. The odds are stacked against a student faced with an institution inclined to protect its status quo.
College dismissal advisor Joseph D. Lento understands how severe punishments can tower over students. He knows when disciplinary boards overstep their authority and can negotiate with college administration officials to keep students in school.
What Are The Consequences of Suspension or Expulsion?
When a North Dakota school suspends or expels a student, it can also obstruct young adults' ability to continue their education through another program. For example, any student expelled from Minot State University will have the words "may not register" on their official transcript, meaning they are ineligible for readmission and will be permanently trespassed from all school property and events. Considering schools require transfer students to disclose all other colleges and universities they attended, they will be seen as less attractive admissions candidates.
Suspension and expulsion will also wreck a student's financial livelihood. If a student must reimburse federal loan providers for any unearned amount of financial aid because of a separation from studies, it will cause long-lasting economic hardship. It will also hinder opportunities such as:
- Applying for auto, business, or home loans
- Being in good standing with credit reporting agencies
- Obtaining scholarships or grants for school
The consequences are not just financial in nature. Suspended or expelled students must disclose college disciplinary actions on various forms like:
- Behavioral counseling licenses
- Federal security clearances
- Financial trading and brokerage certifications
- Law enforcement and first responder applications
What Can Joseph D. Lento and the Lento Law Firm Do For You?
Many local North Dakota attorneys will often begin their defense on behalf of a student client by moving forward with expensive litigation against the school. This long and arduous course of action is rarely necessary and unlikely to provide the student a chance to remain engaged in their studies. Inexperienced lawyers may show off their trial records in an effort to attack school administration officials through arbitration. However, courtroom tactics do not translate into the diplomatic finesse needed to negotiate with a school's sanctioning body members.
While a formal suit is a possibility, the goal students should have is prompt, private, negotiated relief from suspension or expulsion. You can achieve this by contacting college dismissal advisor Joseph D. Lento to help you preserve your academic and professional future.
Instead of relying on aggressive legal proceedings, Joseph D. Lento has proven experience brokering beneficial outcomes with North Dakota schools' Office of General Counsel (OGC) on behalf of the suspended or expelled student. He relies on the relationships he and his team have built with internal OGC officials at numerous institutions to assist students with a second chance at an education of their own choosing. Lento and his team persuade disciplinary and appellate boards to see the more favorable options that serve both the student and the school far better than suspension or expulsion.
Call 888-535-3686 to discuss how Joseph D. Lento and the Lento Law Firm can defend you or a loved one from their North Dakota school or seek relief through their online consultation form. Your academic future depends on it.
