Most college students realize that low grades can get them dismissed from their universities. The fact is, your personal behaviors are under just as much scrutiny as your papers and exams, maybe more. Montclair State University dismisses dozens of students every year. Some dismissals are for low GPA, but plenty are for other offenses, like stalking, underage drinking, trespassing, and something called “misuse of computer resources.”
How do you make sure you're not one of them?
- You start by finding out everything you can about the rules at Montclair State. Just what is it that can get you into trouble, and how do you avoid making a mistake?
- Next, you find out how to defend yourself. After all, you never know when, despite your best efforts, trouble might come looking for you.
- Last but not least, you make sure you know how to get help. You absolutely should fight any attempt to dismiss you, but taking on a university is never an easy task, and you don't want to try doing it all by yourself.
The Lento Law Firm's Student Defense Team was created to protect students' rights. We know the law, we know the Montclair State system, and we're prepared to put what we know to work for you. To find out more, call us at 888-535-3686 or take a few minutes right now and fill out our online form.
Reasons for Dismissal from Montclair State University
There are actually so many reasons Montclair State can dismiss you that we can't list them all here. A bit daunting, right? How are you supposed to stay out of trouble if you can't keep them all straight? Luckily, they can all be grouped into four basic categories. Know these, and you should be safe in most circumstances.
- Poor Academic Performance: You're a student, so job one is meeting Montclair's academic standards. According to the academic standing policy, you must maintain a minimum 2.0 grade point average. Anything lower means academic probation. Continue to struggle, and you can eventually wind up dismissed.
- Academic Misconduct: Montclair's Academic Dishonesty policy prohibits anything that could gain you an unfair advantage in the classroom—cheating and plagiarism are probably the two most obvious examples. One offense usually isn't enough to get you dismissed. Multiple offenses can lead to that outcome, though.
- Disciplinary Misconduct: Outside the classroom, your behavior is governed by the Montclair Code of Conduct. Here, you'll find rules against things like drug possession, weapons possession, and hazing. Any violation can lead to dismissal if it is serious enough.
- Sexual Misconduct: These offenses almost always result in dismissal. Schools are required by federal law to prevent sexual discrimination and harassment, and Title IX encourages schools to utilize harsh sanctions.
Misconduct Procedures
There is always a way to fight dismissal, no matter what charge you're facing.
If you've been accused of some form of misconduct—academic, disciplinary, or sexual—there's a formal process for defending yourself. Here's how it typically works.
- A case begins when someone lodges a complaint against you either with the Director of Student Conduct or the university's designated Title IX Coordinator.
- If you're under investigation, the university must provide you with a Notice of the Charges. This notice should provide details about the allegation and a list of your due process rights.
- Your most important right is the right to an advisor, someone to help you prepare your case and accompany you to investigative meetings and proceedings. This advisor can be an attorney. That means a Lento Law Firm attorney can work with you from the very moment you are charged.
- Investigators usually start by interviewing both sides of the case separately. This is your first chance to give your version of events. In addition, investigators talk with witnesses and collect any physical evidence.
- Ultimately, investigators submit a written summary of their findings. The university then sets a time and date for a hearing. It also appoints one or more decision-makers to preside over the proceedings.
- Hearings are a bit like the criminal court cases you see on TV, at least in structure. You may make an opening and closing statement, submit evidence, and question witnesses.
- There are some important differences between a university hearing and a criminal trial, though. For one thing, your attorney can't speak on your behalf, only advise you. For another, the case isn't decided using the “beyond a reasonable doubt” standard. Instead, decision-makers use a lesser standard known as “preponderance of the evidence.” In simple terms, they must find you Responsible (guilty) if they believe you “more likely than not” committed the offense.
- You can appeal the outcome of the hearing if you should lose. However, grounds for appeal are strictly limited to issues like procedural error, the discovery of new evidence, and a disproportionate sanction.
This outline applies to all misconduct cases. However, cases do differ in small but significant ways depending on the specific nature of the charges. For example, in Title IX cases, you and the Complainant (your accuser) both have the right to cross-examine one another. That's not true in other types of cases.
The attorneys at the Lento Law Firm have an extensive background in campus judicial procedures. They've defended hundreds of students from all types of charges. As a result, they can help you navigate the process no matter what the allegations against you might be.
Academic Dismissal Cases
As we mentioned, you can also be dismissed for letting your GPA drop too low. There are no investigations in these cases, however, and no hearings. You can appeal your dismissal if you can show that extenuating circumstances led to your academic deficiencies. What can you do in other cases?
The attorneys at the Lento Law Firm actually know a number of strategies for helping you avoid academic sanctions, including dismissal. For example,
- Your low grades could be related to a learning disability. If you should discover you have such a disability, you can petition Montclair to drop low grades from your GPA and let you retake those classes with appropriate accommodations in place.
- If you feel an instructor is treating you unfairly, you should bring this to the attention of the instructor's department head. You may be entitled to some form of grade relief.
- Often, raising grades can be as simple as asking instructors for extra credit or makeup assignments. Not every instructor is receptive to these requests, but if they are, something as small as a makeup lab could be all you need to avoid 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, use our online form.
