If you're a Duke Blue Devil, you have plenty of reason to be proud. Leaving aside your school's prowess on the basketball court, you're attending one of the most prestigious institutions of higher education in the country. A degree from Duke virtually guarantees you a bright future.
Of course, the other side of that equation is that dismissal from a school like Duke can be an absolutely crushing blow. It isn't just about the interruption in your academic career. Even if you can find another school to accept you, you can be sure it won't be on the same level as Duke. And if you can't get in anywhere else? Those student loans are going to start coming due, and without a college degree, you may have some trouble making the monthly payments.
There are a number of reasons why you might be dismissed from Duke University. We'll get into some of them below. Whatever the reason, though, your best chance of defending yourself and salvaging your future is to have the right kind of help on your side. National Student Defense attorney-advisor Joseph D. Lento has the knowledge and experience to help you navigate whatever problem you may be facing.
Reasons for Dismissal
You know how hard it was getting into Duke. Holding on to your place there over four to five years can be every bit as tough. You have to worry about
- Academic Performance: Your first concern as a student must be your academic performance. In your first semester at Duke, you must pass at least two credits of coursework. Thereafter, you must pass at least three credits of coursework every semester. In addition, individual colleges have their own academic standards. At Trinity College of Arts and Sciences, for instance, one F can result in a warning. Two Ds, or worse, can result in probation. Failure to maintain a 2.0 during a probationary semester is grounds for a two-semester dismissal.
- Academic Misconduct: As you might expect, Duke expects you to earn your degree honestly. The school has no tolerance for academic lying, cheating (plagiarism, using unauthorized resources, helping someone else to cheat), and stealing. Academic integrity violations can also lead to dismissal.
- Disciplinary Misconduct: Attending school isn't just about taking classes. The Duke University community has rules against behaviors like underage drinking, drug possession, hazing, gambling, and fighting. Again, violations can result in dismissal.
- Sexual Misconduct: Finally, sexually-based offenses are subject to federal regulation under Title IX, and the minimum penalty in such cases is almost always suspension. More often, the sanction is dismissal.
The Adjudication Process
Whatever the problem, you can expect Duke University has a process for defending yourself. However, these processes vary based on the exact nature of the allegation. That's one reason it's important to have a seasoned attorney advisor: they can help guide you through any procedure you might be facing.
Of course, in virtually all cases, you'll have some important rights. For example, if you're dealing with a charge of disciplinary misconduct at Duke, you can expect
- All complaints are handled through the Office of Student Conduct and Community Standards (OSCCS), which publishes rules and maintains established procedures.
- All accusations are subject to a thorough investigation.
- You have the right to defend yourself at a formal hearing.
- You have the right to an advisor drawn from the university community.
- You have the right to appeal the hearing decision to the school's Appellate Board.
While these are important rights, you'll notice that they aren't the same rights you would have in a court of law. For instance, the school doesn't have to find you guilty “beyond a reasonable doubt” to dismiss you. Only someone like Joseph D. Lento, someone with experience handling student conduct cases, will know how to use your rights in cases like these to your advantage and how to make sure you are treated fairly in all matters.
Decision Authority
The person or group who decides your case is also based on the nature of the charge. In the case of academic and disciplinary misconduct charges, the OSCCS appoints a Conduct Board (CB) to preside over hearings. This board consists of students, faculty, and staff who have received some training in adjudicating misconduct.
Sexual misconduct, on the other hand, is usually dealt with by the Office of Institutional Equity (OIE) and, in particular, by the school's Title IX Coordinator. Again, cases typically wind up in a hearing, this time, though, before a single Hearing Officer.
Meanwhile, issues of academic standing are in the hands of the academic dean of your college, who handles any appeals administratively.
If you receive financial aid, you could also be subject to your school's Satisfactory Academic Progress (SAP) policy, which is administered by each college's financial aid office.
Appeals Process
A dismissal from school doesn't have to mean the end of your university career. Duke University has an appeals process designed to ensure that every student at the school has every opportunity to prove their innocence. Again, the particular appeals process will be based on the type of charges you're facing. Misconduct appeals, for example, are handled by the school's Appellate Board. Sexual misconduct appeals are heard by a single Appellate Officer from the OIE.
You should also know that grounds for appeal are limited. In the case of sexual misconduct, for instance, you must be able to show one of the following:
- New information has arisen that would have a significant bearing on the outcome.
- A Title IX official had a conflict of interest or bias.
- A procedural error occurred during the Title IX process that would have affected the case outcome.
Fighting for Your Future.
There is no downside to fighting dismissal from Duke University. You are no worse off if you should lose your case, but winning means you can resume your studies and complete your degree. Further, Duke has procedures in place designed to help you defend yourself.
None of these procedures is simple, though, and while Duke does provide you with some important due process rights, you need to know that the school is not on your side. If you've been accused of violating school policy, faculty and administration will do whatever they can to make sure you're found responsible and punished. You need the very best help you can get. You need Joseph D. Lento.
Joseph D. Lento built his practice helping students fight university dismissals. He's dealt with every kind of case, from cheating allegations to Title IX violations. He knows how school procedures work, and he's practiced in talking to faculty and administrators.
If you or your child is facing dismissal, even if you've already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
