You've worked hard to get to this point in your academic career, and you're so close to the finish line now that you can practically smell it. You're not done yet, though, and the fact of the matter is, it can all be taken away by one silly mistake or by one false accusation. SDSU dismisses dozens of students every single year for everything from stalking to plagiarism.
How do you protect yourself from this possibility? You start by learning all you can about why San Diego State can dismiss you. Know the rules and know how to avoid breaking them. Of course, that won't protect you from false allegations, so you also need to find out as much as you can about SDSU's judicial processes and procedures. That way, you can defend yourself come what may.
Finally, and most importantly, you want to know how to get help should you need it. A dismissal is serious business. You won't find many schools—if any—willing to admit you after SDSU has already expelled you. If you're facing a serious issue, and dismissal is on the table, you need a team of professionals at your side. You need Joseph D. Lento and his Education Law Team.
Reasons for Dismissal at San Diego State University
Let's start with the rules. Just what can get you dismissed at SDSU? It turns out there are four possibilities. The first of these has to do with your classroom performance.
- Academic Performance Issues: First up, you have to perform as a student. That makes sense, right? You came to SDSU in the first place to study and go to class. The school's academic standing policy is set up to make sure you honor that commitment. You are required to maintain a minimum 2.0 cumulative GPA and to earn a minimum 2.0 GPA each semester. If you can't do that, you're placed on Academic Probation. Continue to struggle while on probation, and you can be dismissed altogether.
In addition to poor academic performance, you can also be dismissed from SDSU for three separate types of misconduct. All of these are covered in the school's Student Conduct Procedures policy.
- Academic Misconduct: First up, you're expected to earn your degree honestly. All forms of cheating and plagiarism are expressly forbidden. First-time offenses usually result in a classroom penalty—a lower grade on the assignment or a lower grade in the course. However, multiple offenses bring harsher penalties, including dismissal.
- Disciplinary Misconduct: Outside of class, your behavior is subject to a disciplinary policy, with restrictions against everything from underage drinking to theft. Any violation can potentially get you expelled. If you've been caught doing something serious, though, like taking drugs or participating in hazing rituals, you're almost certain to face dismissal.
- Sexual Misconduct: Finally, SDSU treats sexual misconduct as its own form of policy violation. Such offenses aren't just a matter of school policy. Federal law demands your school take sexual misconduct seriously. As a result, the most common penalty in these cases is dismissal.
Defending Yourself From Misconduct Charges
What do you do if you're facing a charge of misconduct? The good news is you always have the right to defend yourself formally. However, the processes and procedures can be complex and difficult to navigate, especially on your own.
- Cases usually begin with an allegation. If there's an alleged victim, they're referred to as the Complainant. As the accused, you're referred to as the Respondent.
- SDSU has a set of due process rights that ensure you won't be mistreated and that offer the best possible chance for a fair verdict. Among these rights, you are entitled to an advisor, and in all dismissal cases, that advisor can be an attorney.
- Assuming the university believes the accusation against you is credible, it will conduct an investigation. Investigators interview you and the Complainant. They also collect any physical evidence and solicit any relevant witness testimony.
- At the conclusion of the investigation, investigators submit a summary of their findings. This serves as the foundation for the hearing that follows.
- The hearing itself is your chance to formally make the case for your innocence. You can offer arguments, submit evidence, and call witnesses to testify on your behalf. You may also cross-examine witnesses against you.
- At the conclusion of the hearing, a designated Hearing Officer decides whether or not they believe you are Responsible for an offense. To do this, they use a legal standard known as “preponderance of the evidence.” Far less strict than the standard you already know, “beyond a reasonable doubt,” preponderance of the evidence requires the Officer to find you Responsible if they believe it is “more likely than not” that you committed an offense.
- You can appeal the outcome of the hearing, but only on limited grounds. These include
- A procedural irregularity that affected the outcome
- New evidence that might alter the outcome
- An outcome that isn't supported by the evidence
- A conflict of interest on the part of the Hearing Officer
- A sanction that is inconsistent with the nature of the offense
Finally, you should know that not every case works the same way. There are some minor differences that can have an impact on how you go about defending yourself. For instance, in sexual misconduct cases, you can cross-examine the Complainant in addition to witnesses. Of course, they can cross-examine you as well. This doesn't occur in any other type of case.
Whatever type of allegation you're dealing with, you can trust that Joseph D. Lento and his Education Law Team have the experience and background to help guide you every step of the way.
Academic Dismissal Cases
There's another type of dismissal that you may face: dismissal for academic deficiencies. Unfortunately, unlike misconduct cases, these cases don't usually afford you the opportunity to defend yourself. Instead, faculty and administrators assume that if your GPA has fallen, there's no good reason to allow you to continue at the university.
However, there are strategies for dealing with this type of dismissal as well, though procedures are far less formal. For example, if your deficiencies are the result of extenuating circumstances, like a family emergency, you can try petitioning your school or college dean directly. You may be able to convince them to give you extra time to improve. Likewise, you can always try negotiating with individual professors for higher grades. Faculty are sometimes willing to reconsider the scores they gave you if you can make a compelling argument about why they should.
Again, Joseph D. Lento and his Education Law Team are well-versed in all the many options available to you. There's always a way to respond to the threat of dismissal, and they can help you identify the best option in your particular case.
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. Plus, it's no exaggeration to say that your entire future is on the line. You're facing dismissal, and you know what happens to people who go into the workforce with no college degree.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Joseph D. Lento Law Firm was built on helping students just like you handle all types of misconduct charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. To find out more about exactly what Joseph D. Lento and his team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
