College can be a lot of fun. There are new friends to meet and parties to attend. You're on your own for the first time, and there's nothing quite like that first taste of freedom and independence.
You have to take school seriously, though. The fact is Florida Atlantic University dismisses dozens of students every year. You can get tossed out for a low GPA, for cheating, for sexual harassment, and for a whole host of other offenses. If you want to make it to graduation, you're going to have to learn how to navigate the FAU system, how to avoid trouble, and how to handle it when it comes up anyway.
The Lento Law Firm Student Defense Team is here to help. The firm's attorneys know all the rules and procedures at FAU. They're experienced with the school's administrative paperwork, whether that's filing a grade appeal or defending against a stalking charge. They also know how to talk to faculty. Most important of all, they're committed to your success. They don't believe anything should be allowed to stand in your way, and they're ready to do whatever it takes to protect your rights and get you the justice you deserve.
Reasons for Dismissal from Florida Atlantic University
Let's start with the basics. Just what is it that can get you dismissed from Florida Atlantic University?
- Academic Deficiencies: First up, you can be dismissed for simply failing to earn high enough grades. The school's Academic Standing policy requires that you maintain a cumulative GPA above 2.0 and that you earn a 2.0 each term. If you can't do that, FAU places you on probation, and if you continue to struggle, you can eventually be dismissed.
- Academic Misconduct: Next, you need to abide by the school's Code of Academic Integrity. In simple terms, that means no cheating, no plagiarism, no falsifying documents, and no helping anyone else to do any of these things. Multiple offenses are generally punished with dismissal.
- Disciplinary Misconduct: Where the Code of Academic Conduct governs your classroom behavior, the Student Code of Conduct governs your activities outside of class. Any violation—from trespassing to disruptive conduct—can get you dismissed. Some, such as hazing, drug use, and weapons possession, almost always result in dismissal.
- Sexual Misconduct: This is among the most serious charges any college student can face. Such offenses are subject to federal law under Title IX and are almost always punished with dismissal.
Defending Yourself from Misconduct Charges
A misconduct allegation—even a serious allegation—doesn't have to end in dismissal. FAU gives all students the right to defend themselves through a process of investigation and adjudication. Here's a brief outline of that process.
- Someone lodges a complaint against you with the school. The school's first job is to determine whether or not that complaint warrants a full investigation.
- Any time you're under investigation, the university must provide you with Notice of the Charges. That notice should include details of the allegation and a list of your due process rights.
- You have the right to an advisor, and that advisor can be an attorney. That means any time you are under investigation, someone from the Lento Law Firm can accompany you to all meetings and proceedings.
- Investigators usually start by interviewing, separately, both sides of the case. You'll get a chance to give your side of the story, offer evidence, and suggest witnesses.
- Once they've completed their work, investigators submit a full report detailing their findings. The school then sets a time and date for a formal hearing and appoints one or more decision-makers to preside over the case.
- The hearing is a more structured opportunity to make your case. You can offer arguments in defense of your innocence, introduce evidence, and call witnesses to testify. You may also ask questions of any witnesses against you.
- Once both sides have made their cases, decision-makers use a legal standard known as “preponderance of the evidence” to determine your level of Responsibility. Unlike “beyond a reasonable doubt,” “preponderance of the evidence” only requires that decision-makers believe it is “more likely than not” that you committed an offense.
- You have the right to appeal the hearing outcome should you lose your case. However, you may not simply appeal because you disagree with the outcome. Instead, appeals must be based on one of four conditions:
- Procedural error
- New evidence
- Conflict of interest on the part of a decision maker
- Disproportionate sanction
While you have several important rights throughout this process, it's not always easy to know how to use them effectively. Campus judicial rules and procedures can be complex. In addition, these rules and procedures can differ significantly depending on the exact nature of the accusations against you. For example, only advisors may conduct cross-examination in Title IX cases. That means if you don't have an advisor, the school must appoint one for you.
All of this complexity makes it vital that you have an attorney beside you as you go through the process. Not just any attorney will do, though. You need an attorney with experience representing students and someone who knows the FAU system. You need someone from the Lento Law Firm Student Defense Team.
Academic Dismissals
You can defend yourself from academic dismissals as well, though the process is different.
If your deficiencies are the result of extenuating circumstances, like a stay in the hospital or a family emergency, you can petition the school to set aside the dismissal and grant you more time to improve.
The attorneys at the Lento Law Firm know a number of other strategies for responding to this type of dismissal. For example,
- Faculty are sometimes open to the process of grade negotiation. If, for example, your final exam grade was particularly high, you might try persuading your instructor to use it as your overall course grade.
- If you should discover that you have an undiagnosed learning disability, you could be entitled to course accommodations, like extra time to complete assignments. You can also ask the school to set aside your low grades while you retake those courses with accommodations in place.
- You should never suffer any type of classroom mistreatment. If an instructor is treating you unfairly, you have the right to report that treatment to the instructor's department head.
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 Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm can do for you, contact us today at 888-555-3686, or use our automated online form.
