College can be one of the best times in your life. It's not just about earning a degree, though that is important. It's about meeting new people, discovering your own independence, and figuring out who you want to be.
If you're facing dismissal, all of that is in jeopardy. What do you do?
You contact attorney-advisor Joseph D. Lento and his Education Law Team. What can they do for you? They know the law. Just as important, they know how the BYUI system works. They know exactly who to talk to when you run into trouble and what to say. The threat of dismissal is serious, and you don't want to try and handle it all on your own. Joseph D. Lento and his team are on your side, and they're ready to help when you need it.
Reasons for Dismissal at Brigham Young University, Idaho
First things first: just what exactly can get you dismissed at BYUI? There are four types of issues that can get you into trouble.
- Academic Deficiencies: Your first job while you're at BYUI is to learn. The school's academic standing policy requires you to maintain at least a 2.0 cumulative GPA and to earn a 2.0 GPA every term as well. If you struggle to meet those requirements, you can wind up on Academic Probation. If you continue to struggle while on Probation, you can be dismissed.
- Academic Misconduct: As you might expect, BYUI places a heavy emphasis on honesty and integrity. As part of that emphasis, the school holds all students accountable for academic integrity. Cheating, plagiarism, and any other action that could give you an unfair advantage as a student are all expressly prohibited. Most violations are handled with classroom sanctions, like lowered course grades. Serious and repeat offenses, though, can result in dismissal.
- Disciplinary misconduct: BYUI's Honor Code is so strict it doesn't even bother with listing out specific rules. Instead, it contains a set of principles, like “be honest,” “live a chaste and virtuous life,” and “abstain from alcoholic beverages, tobacco, tea, coffee, vaping, and substance abuse.” Any violation of these principles, whether it happens on campus or off, can result in dismissal.
- Sexual misconduct: This type of offense is a violation of several of BYUI's Honor Code strictures, such as “live a chaste and virtuous life.” As it happens, sexual misconduct is also a violation of federal law. Title IX requires schools to investigate virtually all allegations. Punishment almost always includes dismissal.
Defending Yourself from Misconduct Charges
An accusation of misconduct, even of serious misconduct, doesn't necessarily mean you'll be dismissed. You do have some due process rights at BYUI, though you have significantly fewer rights than you might in a court of law.
- You have the right to a full and thorough investigation.
- You have the right to offer your version of events, both in writing and in person.
- You have the right to a decision based on the legal standard “preponderance of the evidence.” According to this standard, decision-makers can only find you Responsible if they are more than fifty percent convinced of your guilt.
- You have the right to request a review of the decision. However, the burden is on you to prove one of the following:
- The decision isn't supported by the facts.
- The HCO did not follow the appropriate procedures.
- The sanction is disproportionate to the offense.
- The investigation was tainted by bias.
Note that you do not have the right to defend yourself at a full hearing. You have no opportunity to call witnesses, nor to submit evidence. A single school official is responsible both for investigating the case and deciding your fate.
The exception is in Title IX sexual misconduct cases. Because these cases are subject to federal law, they require a separate set of procedures, and those procedures afford you more rights. Most importantly, Title IX guarantees you the right to a hearing. Not only can you call witnesses, but you can also cross examine any witnesses against you, including the Complainant (your accuser).
No matter what type of charges you are facing, Joseph D. Lento and his Education Law Team are well-versed in BYUI's judicial rules and procedures. If you're accused of a Title IX offense, they can accompany you to investigative meetings and sit beside you at the hearing. In all cases, though, they can advise you on coming up with an appropriate defense strategy, work with you to gather evidence, prep you to answer questions, and make sure you're being treated fairly.
Academic Dismissals
Academic dismissals don't work the way misconduct dismissals do. There's typically no need for an investigation. Decisions are based on objective facts—your cumulative and term GPAs—and the university doesn't consider those facts open to debate.
The school does offer a petition process for avoiding academic dismissal. However, petitions are only granted in “rare circumstances.”
Luckily, Joseph D. Lento and his team know a number of other strategies for avoiding academic sanctions, including dismissals. For instance,
- If you suffer from a disability, you may be entitled to course accommodations. If your instructor doesn't give you these accommodations, you can appeal your grade to Disability Services.
- If you should suffer any mistreatment from an instructor, you have the right to complain to that instructor's department head or the dean of your school or college. You may be entitled to some form of grade revision.
- You can always try negotiating directly with faculty for higher grades. The right argument could persuade them to raise your scores, and one higher grade can make the difference in meeting academic standing requirements.
Again, no matter what your situation, Joseph D. Lento and his team will work with you to map out the best plan of action and help you to put that plan into action.
Fighting for Your Future
By this point, you probably have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento law firm was built on helping students just like you handle all types of misconduct charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. To find out more about exactly what Joseph D. Lento and his team can do for you, contact the Lento Law Firm today, at 888-555-3686, or use our automated online form.
