A threat of dismissal from Eastern Michigan University is serious business, maybe more serious than you realize. You may not be aware, for instance, that dismissal doesn't just mean you have to leave the school. You'll also have to deal with a notation on your transcript that explains the exact nature of your offense. That is usually enough to keep other colleges and universities from accepting you. In short, you could be heading onto the job market with no degree at all.
A misconduct allegation or a low GPA doesn't have to be a death sentence, though. The Lento Law Firm's Student Defense Team can help. Obviously, as attorneys, we know the law. But we focus specifically on education law. As a result, we also know how universities operate. Whatever type of dismissal you may be facing, we can help you navigate it and make sure you get the best possible resolution.
To find out more, call 888-535-3686. Or, take a few minutes right now and fill out our online form.
Reasons for Dismissal from Eastern Michigan University
As a starting point, let's discuss just what can get you dismissed at EMU. It turns out that list is too long to include here. However, almost all dismissible offenses can be divided into four basic categories.
- Poor Academic Performance: Your primary job for your four years at EMU is "student." That means going to class and it means studying hard. Just to make sure you do those things, the university has what's known as an “academic standing policy.” According to this policy, you must maintain a GPA of no less than 2.0. If at any point your grade point should fall below that number, you're placed on probation. If you continue to struggle while you're on probation, you can also be dismissed outright.
- Academic Misconduct: Just as important as earning good grades at EMU is earning them honestly. Cheating, plagiarism, and any other type of academic dishonesty can get you into trouble. As with your grades, one violation probably isn't enough to get you dismissed. If you should get caught committing multiple violations, though, you can expect EMU to dismiss you.
- Disciplinary Misconduct: EMU also has a strict Code of Community Responsibility. That document outlaws things like underage drinking, weapons possession, theft, and hazing. Any violation can lead to dismissal. Some violations, like drug possession and assault, almost always result in dismissal.
- Sexual Misconduct: This is yet another offense that usually results in dismissal. In fact, sexual misconduct is actually barred by Title IX, a federal law. EMU is required to investigate all credible complaints, and it is encouraged to use harsh penalties.
Misconduct Defenses
Misconduct charges are a judicial matter. That means if you're facing dismissal for academic, disciplinary, or sexual misconduct, you have the right to an investigation and a hearing. Further, EMU provides you with some key due process rights to help you defend yourself.
EMU is sometimes reticent about publishing procedures, but in general, here's what you can expect.
- Cases begin with a complaint, lodged with either the Office of Wellness and Community Responsibility or, in the case of Title IX sexual misconduct allegations, the school's Title IX Coordinator.
- If the university should decide to pursue a case against you, you'll receive Notice of the Charges. This Notice should explain the allegations and provide you with a list of your due process rights, such as the right to a presumption of “Not Responsible” (innocence) and the right to review all evidence in the case.
- You can expect some form of investigation. As part of this process, you'll be invited to give a statement summarizing your side of the story. Investigators will also interview potential witnesses and collect any physical evidence.
- At the conclusion of the investigation, investigators submit their findings back to the university. The university then sets a time and date for a hearing and selects one or more decision-makers to preside over the proceedings.
- The hearing is an opportunity for both sides to make their cases. You may offer opening and closing arguments, submit evidence, and call witnesses. You may also raise questions for any witnesses against you. Of course, the other side has these same rights.
- You can expect decision-makers to use the “preponderance of the evidence” legal standard to determine your level of Responsibility. This standard requires them to find you Responsible if they believe it is “more likely than not” that you committed an offense.
- You do have the right to appeal the hearing outcome. However, grounds for appeal are limited to issues such as procedural error and the discovery of new evidence.
One subject on which EMU's policies are silent is whether or not you are entitled to select an attorney to advise you during the disciplinary process. However, it's important to remember that whether or not a Lento Law Firm attorney can accompany you to meetings and hearings, they can play a crucial role in your defense. As a starting point, it's their job to help you develop the outlines of that defense. Additionally, they'll work with you to gather evidence and help you come up with questions for witnesses. They can draft documents on your behalf, including any appeals you may need to file. More important than anything else, it's their job to see that EMU respects your rights and that you get a fair resolution.
Academic Dismissal Cases
Misconduct allegations are judicial matters. That is, the university must prove through investigation and adjudication that you actually committed an offense before it can dismiss you. Not so when it comes to academic dismissals. They are administrative matters based on the objective fact of your GPA. As a result, most dismissals are essentially automatic.
Even in these cases, though, a Lento Law Firm attorney can suggest some useful strategies for avoiding dismissal. For example,
- If your academic deficiencies are the result of extenuating circumstances, such as a family emergency or a serious bout of depression, you can appeal to EMU's Academic Review Committee for additional time on probation.
- Should you discover you have a previously undiagnosed learning disability, you can petition the university to drop low grades from your GPA. Then, once proper accommodations are in place, you can retake those courses for replacement credit.
- You can always try asking instructors for extra credit or makeup assignments. Not all instructors offer such opportunities, but if they do, this can be a quick way to get your GPA up and avoid a sanction like probation or dismissal.
Fighting for Your Future
By this point, it should be abundantly clear why trying to defend yourself from dismissal is always a dangerous proposition. It's no easy task taking on a university, and the stakes are incredibly high. Luckily, you don't have to go it alone. The Lento Law Firm was built to help students. Our Student Defense Team can also be fierce when it comes to protecting our clients, and we're not afraid of faculty and administrators.
Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, fill out our online questionnaire.
