College can be tough these days. How tough? California State University, Fullerton regularly dismisses dozens of students every year. Many of those dismissals are for academic deficiencies, but there are plenty of other things that can get you expelled, from plagiarism to stalking.
How do you make sure your own education stays on track?
First, you make sure you know all the rules at CSUF. In particular, you find out exactly what can get you expelled, and you make sure you don't do those things.
Of course, it's possible to wind up in trouble despite your best intentions. Instructors do get things wrong; students do file malicious complaints. So, you also want to research how the school's judicial processes work in case you need to navigate them.
Finally, though, you don't want to face down your university all by yourself. You need help. Luckily, attorney-advisor Joseph D. Lento and his Education Law Team know all about how CSUF operates. They know who to talk to when you have a problem and what to say, and they're ready to put all this knowledge to work for you.
Reasons for Dismissal at Cal State, Fullerton
Let's start simple: what are the rules at CSUF, and, more importantly, which ones can get you dismissed?
Basically, there are four categories of offenses.
- Academic Deficiencies: First, you have to keep your grades up. According to the school's academic standing policy, you need both cumulative and term grade point averages above 2.0 to remain in Good standing. Should your grades fall below that number, you can be placed on Academic Notice. Should they fall too far, you can be disqualified altogether.
- Academic Misconduct: You can also be dismissed for violating the school's policy on Academic Dishonesty. That means no cheating and no plagiarism. First offenses are usually handled by instructors and probably won't get you dismissed. Multiple and particularly egregious offenses, though, are subject to the school's broader disciplinary policy and often lead to dismissal.
- Disciplinary misconduct: Conduct beyond the classroom is actually governed by state law under California Code 41301, known as Title V. Among its many prohibitions, Title V bars firearms possession, disorderly conduct, and hazing. Any code offense can potentially result in dismissal if it is sufficiently serious.
- Sexual misconduct: Finally, CSUF also has strict policies against sexual misconduct. In fact, sexually-based offenses aren't just against school policy but, under Title IX, against federal law. Those found Responsible for (guilty of) violations are almost always dismissed from the university.
Defending Yourself from Misconduct Charges
A misconduct charge—even a serious charge—does not necessarily mean you'll be dismissed. You have the right to defend yourself at a formal hearing. Here's how that process typically works.
- Someone lodges a complaint against you, either with the school's Conduct Administrator or, in the case of Title IX allegations, the Title IX Coordinator.
- The Conduct Administrator or Title IX Coordinator must make a decision as to the complaint's legitimacy.
- Assuming the school decides to proceed with charges against you, it then instigates a formal investigation. This can be as simple as an interview. In more complicated cases, though, it can involve collecting physical evidence and talking with multiple witnesses.
- You are allowed to select an advisor to help you prepare your case and to accompany you to meetings and proceedings. In many cases, this advisor can be an attorney.
- After the investigation, the Conduct Administrator or Title IX Coordinator sets a time and date for an official hearing and selects a Hearing Office to preside.
- At the hearing, both sides get to present their cases. You may make arguments, submit evidence, and call witnesses to testify. You may also pose questions for any witnesses testifying against you.
- The hearing concludes with formal deliberations. The Hearing Officer uses a legal standard known as “preponderance of the evidence” to determine whether or not you are Responsible. Note that this standard is far weaker than “beyond a reasonable doubt” and only requires that decision-makers believe you are “more likely than not” Responsible for the offense.
- Finally, you can appeal the hearing outcome, but only for very specific grounds, including an outcome that isn't supported by the facts, procedural errors, new evidence, or an unfair sanction.
Cases can differ depending on the specific allegation. In particular, Title IX procedures afford students more due process rights, generally, than they receive in academic or disciplinary cases. For instance, Title IX respondents have the right to cross-examine the Complainant directly.
In addition, you may or may not have the right to select an attorney as your advisor, depending on your case. However, even if an attorney from the Lento Law Firm can't accompany you to interviews and hearing procedures, they can still play a crucial role in helping prepare your defense. For instance, Joseph D. Lento and his Education Law Team can work with you to come up with a strategy, help you gather and organize evidence, and prepare you to present your arguments. Perhaps most importantly, they can monitor the case to make sure you are given every due process right you deserve.
Academic Dismissals
Academic dismissals at Cal State Fullerton work quite differently than misconduct dismissals. There is no investigation, for instance, and no hearing. Decisions are based exclusively on your cumulative and term GPAs, and the university doesn't regard these as open to debate.
However, even in these instances, Joseph D. Lento and his team know a number of useful strategies for helping you avoid dismissal. For instance,
- If there are extenuating circumstances that led to your low grades, you may be able to appeal to your school or college dean for more time to improve.
- If an instructor has mistreated you in any way, you may be eligible to appeal your grade.
- If you have a disability and are denied a necessary course accommodation, you can appeal to Disability Services.
Whatever situation you're facing, Joseph D. Lento and his team can help you come up with a workable solution and will stand beside you as you put that solution 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.
