If you've found your way to this page, it likely means you've found yourself in trouble at Miami University-Oxford, and someone has mentioned the possibility that you might be dismissed. Maybe you're entirely innocent of the charges. Maybe you're the victim of some sort of misunderstanding. Or maybe you did do something you shouldn't have, but dismissal seems like an awfully severe penalty.
The good news is that you have the right to defend yourself. The university can't simply dismiss you without cause, and it must provide you with due process and some important due process protections.
The better news? You're not alone in this fight. The Lento Law Firm is dedicated to helping students get the fair treatment they deserve. Our Student Defense Team knows the law, and we know Miami University's policies and procedures. No matter what charges you might be facing, we're on your side and ready to use what we know to get you the very best possible resolution to your case.
Don't wait, though. University justice moves swiftly, and you can find yourself dismissed before you realize what's happening. Call The Lento Law Firm today at 888-535-3686, or take a few minutes right now and fill out our online form.
Reasons for Dismissal from Miami University-Oxford
Let's start with the basics. Just what is it that can get you dismissed from Miami University?
- Poor Academic Performance: You came to the University of Miami to study, so it should come as a surprise to you that you're expected to study. The university's academic standing policy makes clear that any time your GPA falls below 2.0, you can face academic sanctions up to and including dismissal.
- Academic Misconduct: Miami's standing policy sometimes drives students to cut corners in order to meet that 2.0 standard. That's a mistake. The academic integrity policy at the university is just as stringent as the standing policy. Cheating, plagiarism, and any other act that could give you an unfair advantage in the classroom are all explicitly forbidden. By policy, second offenses mean suspension, and third offenses mean automatic dismissal.
- Disciplinary Misconduct: Miami University doesn't just monitor your classroom progress. There's a long list of rules that govern what you can and can't do on campus. The Code of Student Conduct contains rules about things like trespassing, theft, assault, and hazing. Even a first offense can be enough to get you dismissed if it is serious enough.
- Sexual Misconduct: Finally, sexually-based offenses are almost always punished with dismissal. These are among the most serious offenses a college student can be charged with. They are also usually subject to federal law (Title IX). Schools are required to investigate all credible complaints and encouraged to punish Responsible (guilty) students with harsh sanctions.
Misconduct Procedures
We mentioned before that there is always a way to challenge a dismissal decision. If that decision has to do with misconduct—academic, disciplinary, or sexual—you are entitled to an investigation and to defend yourself at a formal hearing. Here's how those processes work.
- Cases start with a Complaint lodged either with the Office of Community Standards or the designated Title IX Coordinator.
- If the university decides to formally charge you, it issues you a Notice of Complaint. That notice should include details relating to the allegation and a list of your due process rights.
- You have several due process rights, such as the right to a presumption of “Not Responsible” (innocent) and the right to review all evidence in the case. Perhaps your most important right is the right to an advisor. In addition, you're allowed to choose anyone to fill this role. This means that an attorney from The Lento Law Firm can accompany you from the moment you are charged until your last appeal is exhausted.
- Miami University then initiates an investigation. Investigators usually begin by interviewing both parties separately in the case. This is your first chance to offer your side of the story. In addition, they will talk with any witnesses and collect all physical evidence.
- Ultimately, investigators must complete a written summary of their findings. This summary is then forwarded to the university, which sets a time and date for a hearing and appoints one or more trained decision-makers to preside over this hearing.
- At the hearing, you may present your full case. You can offer up arguments in support of your innocence or present mitigating factors that explain your actions. You can introduce evidence and call witnesses to testify. You may also raise questions about any evidence against you.
- Once both sides have presented their cases, decision-makers determine whether or not you are Responsible for (guilty of) an offense. To do this, they employ a legal standard known as "preponderance of the evidence." Far less strict than "beyond a reasonable doubt," this standard essentially requires them to find you guilty if they are more than fifty percent convinced you committed the offense.
- Should you lose your hearing, you can appeal the outcome, but not simply because you disagree with that outcome. Grounds for appeal include a disproportionate sanction, a procedural error, and the discovery of new evidence.
This outline applies to all investigations and hearings at Miami University. It's important you realize, though, that this is only an outline. Actual cases involve a great deal of complexity, and how a case plays out can have a lot to do with the specific charges. In Title IX sexual misconduct cases, for instance, both sides are allowed to cross-examine one another. That's not true in any other type of hearing.
You can count on your Lento Law Firm attorney to know all the rules and procedures no matter what kind of investigation and hearing you're facing. We understand how campus justice works, and we even know a few tips and tricks to use the system to your advantage.
Academic Dismissal Cases
You may have noticed that there's been no mention yet of the fourth type of dismissal: academic dismissal. That's because these cases are considerably different from misconduct cases. There is no investigation, for instance, and no hearing. In fact, Miami University doesn't even offer an appeals process. Academic dismissals are based on your GPA, and they are basically automatic.
That doesn't mean you don't have options. The attorneys at The Lento Law Firm can suggest a number of strategies, even in these situations. For instance,
- While there is no formal appeals process, you can file an informal appeal with the dean of your school or college. If you have extenuating circumstances, you may be able to get more time to improve.
- A learning disability can entitle you to accommodations in some of your courses. For instance, if you have ADD or ADHD, you may be eligible for extra time to complete assignments. If you should discover you have a disability, you can also ask the university to set aside your low grades and allow you to retake those courses with accommodations in place.
- Some faculty are willing to assign extra credit and makeup work. If your grade is borderline, a paper rewrite or an extra lab assignment could be enough to pull your GPA above the dismissal mark.
Fighting for Your Future
By this point, it should be abundantly clear why defending yourself from dismissal is always a dangerous proposition. Taking on a university is no easy task, 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.
