If you've been at Clemson for more than a minute, you know they don't just give degrees away. You have to study. You have to go to class. Usually, that'll take care of the academic side of things. But you can also be dismissed from the university for a whole range of reasons that have nothing to do with your grades—things like cheating, trespassing, and stalking.
If you're in trouble and facing dismissal, what do you do?
- First, know the rules. Yes, that will keep you out of trouble in the first place. But it's also essential any time you're accused of misconduct. You can't fight charges unless you fully understand them.
- Second, make sure you know how to defend yourself. What are the judicial processes at Clemson University, and how can you use those processes to your best advantage?
- Finally, and most importantly, know how to get help. Before you explain your situation to a dean or admit to a faculty member that you plagiarized part of a paper, you need professional advice on how to build your defense.
The Lento Law Firm is here to give you that advice and to help make sure your rights are protected. For more information, call 888-535-3686 or use the firm's automated online form.
Reasons for Dismissal from Clemson
There are dozens of reasons Clemson might decide to try and dismiss you—too many, in fact, to list them all here. What we can do, though, is provide you with four basic categories of offense. Know these, and you can be reasonably sure of avoiding most trouble.
- Academic Performance: It won't surprise you to learn that Clemson expects you to perform to high standards as a student. The academic standing policy requires you to maintain a minimum 2.0 GPA. Anything below that number means probation. Continue to struggle while on probation, and you can be suspended. And struggle after returning from suspension? You face dismissal.
- Academic Misconduct: Meeting GPA minimums can be stressful, and that drives some students to cheat. You should know, though, that cheating can get you into as much trouble as a low GPA, maybe more. A first offense probably isn't enough to lead to dismissal. Should you re-offend, though, dismissal is definitely a possibility.
- Disciplinary Misconduct: It's not only academic misconduct that can get you into trouble. All your behavior is subject to review under Clemson's Student Code of Conduct. Offenses like weapons possession, hazing, and drug possession often lead to dismissal, but any offense can if it's serious enough.
- Sexual Misconduct: Sexual misconduct is another offense that typically leads to dismissal. It's actually prohibited by federal law under Title IX. And it's so serious that it's treated as its own particular form of misconduct at Clemson.
Misconduct Procedures
Knowing the rules at Clemson can keep you out of most trouble. What do you do, though, when trouble comes looking for you? That depends on the nature of the trouble.
If you've been accused of some form of misconduct, the university will conduct an investigation and hold a hearing. These processes give you a chance to defend yourself. Here's how they work.
- Most cases begin with a complaint filed against you with either the Office of Community and Ethical Standards (OCES) or the Title IX Coordinator. If there's an alleged victim, this person is the Complainant, though the school can also serve as the Complainant. As the accused, you're referred to as the Respondent.
- Any time you're charged with an offense, the university must provide you with a Notice of the Charges. This notice should contain details of the allegation and a list of your due process rights.
- Among your rights, you're allowed to select an advisor, someone to accompany you to investigative meetings and proceedings. This advisor can be an attorney, which means someone from the Lento Law Firm's Student Defense Team can be at your side throughout the entire case.
- Investigators typically begin by giving you a chance to give your side of the story. In addition, they talk to the Complainant and to any other witnesses. They may also gather physical evidence.
- At the end of the investigation, investigators submit their findings to the OCES or the Title IX Coordinator. Those offices then set a time and date for a hearing and assemble a panel to preside over the case.
- At the hearing, you have the opportunity to make arguments, submit evidence, and call witnesses to testify. Further, you have the right to question the university's evidence. That means you may also cross-examine witnesses against you. Of course, the Complainant has these same rights.
- It's important to remember that a university hearing is not a court case. Among the many differences, decision-makers don't have to find you guilty “beyond a reasonable doubt.” Instead, they use a legal principle known as “preponderance of the evidence.” If they are more than fifty percent convinced of your guilt, they must find you Responsible.
- You have the right to appeal the hearing outcome, but only on certain grounds. These include
- A procedural irregularity
- New evidence
- A conflict of interest
- An arbitrary or disproportionate sanction
- A decision not supported by evidence
All cases at Clemson follow this general outline. However, cases can differ depending on the nature of the allegation. In Title IX sexual misconduct cases, for instance, you have the right—through your advisor—to cross-examine the Complainant. That's only true in Title IX cases, though.
Whatever kind of charges you're facing, the Lento Law Firm is well-versed in Clemson's judicial procedures. We know what to expect, and we know how to use the system to protect your rights.
Academic Dismissal Cases
Academic dismissal cases work somewhat differently from misconduct cases. That's because the facts aren't usually in dispute. For better or worse, your GPA is your GPA, and the university doesn't need a hearing to prove it.
You can appeal academic dismissal if you can point to extenuating circumstances as the cause of your academic deficiencies. In addition, the attorneys at the Lento Law Firm know some other effective strategies for avoiding academic sanctions, including dismissal.
- A learning disability may entitle you to classroom accommodations. If you should discover you have one, you can petition the university to set aside your low grades and let you retake those courses with accommodations in place.
- You are always entitled to fair treatment in the classroom. If you feel an instructor mistreating you, report it to the instructor's department head.
- Some Clemson faculty are willing to participate in grade negotiation. If your final exam grade was especially high, you could ask your instructor to use it as your course grade.
Just as with misconduct dismissals, you can count on the Lento Law Firm's Student Defense Team to know all the options and to work with you to choose the one that's best for your situation.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team has dealt with everything from plagiarism allegations to rape 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. Most importantly, no matter what problem you're facing, they are on your side and will do everything in their power to get you the very best possible resolution to your case.
To find out more about what the Lento Law Firm can do for you, contact the firm today at 888-535-3686 and find out just what we can do to help. Or, use our automated online form.
