If you're having trouble in college, and someone has mentioned the possibility of dismissal to you, you can't afford to take the situation lightly. You may think you can just transfer to another school and go on with your academic career, but that's not always an easy proposition. In fact, most schools are reticent to admit students who've been dismissed somewhere else. If you want to earn a college degree, you're probably going to have to deal with the problem that's facing you.
How do you do that?
- You start by finding out all you can about the charges against you.
- Then, you educate yourself about all of SFSU's judicial rules and procedures.
- And last but not least, you get help.
You can and should fight any attempt your university makes to dismiss you. It's incredibly tough to do that alone, though. Learning about the SFSU system is an important start, but it can't take the place of having professional help at your side. Luckily, the Lento Law Firm Student Defense Team is here when you need it.
Reasons for Dismissal from San Francisco State University
Knowing the rules doesn't just help you avoid getting into trouble. It's crucial for preparing a competent defense. You can't hope to prove your innocence unless you fully understand what you've been charged with doing.
So, what is it that can get you dismissed from SFSU?
- Academic Deficiencies: You're a student, and your job is to attend class and study hard. To make sure you do that, SFSU maintains an Academic Standing policy. According to that policy, any time your GPA drops below 2.0, you're put on academic probation. If it should continue to fall while you're on probation, you can also be dismissed.
- Academic Misconduct: Academic misconduct is another way to get dismissed from SFSU. The school's Academic Dishonesty policy expressly forbids actions like cheating, plagiarism, inventing data, and even forging a doctor's note. First offenses are usually punished with classroom sanctions like lowered grades. Second offenses, though, are definitely eligible for dismissal.
- Disciplinary Misconduct: You're also subject to SFSU's Student Code of Conduct. It applies to all your activities outside of class and includes rules against things like hazing, disorderly conduct, underage drinking, and property damage. Even a first offense, if it's serious enough, can garner dismissal.
- Sexual Misconduct: Sexually-based offenses are among the most serious charges a college student can face. Students who are found Responsible for (guilty of) such offenses are almost always expelled.
Defending Yourself from Misconduct Charges
How you respond to the threat of dismissal will depend on the specific nature of that dismissal. If you've been charged with some form of misconduct—academic, disciplinary, or sexual—you'll have the chance to defend yourself during an investigation and a hearing. Here's how those processes work, generally.
- First, someone lodges a complaint against you. If you know a complaint is coming, it's a good idea to contact the Lento Law Firm before your school can charge you with an offense. They can advise you on how to respond.
- If the school decides to investigate, it issues a Notice of Charges. That document should provide you with details of the allegation and a list of your due process rights.
- In most situations, you have the right to an advisor, and this advisor may be an attorney. Even if you are not allowed to bring an attorney with you to meetings and proceedings, though, someone from the Lento Law Firm Student Defense Team can be essential in helping you prepare your defense strategy, gather evidence, and respond to questions.
- The first part of the case is an investigation. As part of the investigation, you get a chance to tell your side of the story. Investigators also talk to the Complainant, interview witnesses, and collect any physical evidence.
- Once they've completed their work, investigators submit a written report of their findings. This becomes the foundation of the next phase of the case, a formal hearing.
- The hearing is your opportunity to formally make the case for your innocence. You may offer arguments, submit evidence, and call witnesses to testify. You also have the right to ask questions of any witnesses against you.
- Cases are heard by one or more decision-makers who must, at the end of the hearing, determine whether or not you are Responsible for an offense. To do this, they apply a legal standard known as “preponderance of the evidence.” In simple terms, they must find you Responsible if they believe you “more likely than not” committed a violation.
- Finally, you can appeal the hearing outcome, should you lose your case, but only under certain conditions. These include the discovery of new evidence, a procedural irregularity, or a sanction that doesn't fit the offense.
While this outline applies broadly to the misconduct investigation and adjudication processes, cases can differ significantly depending on the nature of the charges. If you've been charged with Title IX sexual misconduct, for example, you need to know that only advisors are allowed to cross-examine witnesses.
Luckily, the attorneys at the Lento Law Firm are well-versed in all of San Francisco State's judicial procedures. They know your rights in all situations, and they know how to use those rights to your advantage.
Academic Dismissals
If you're facing dismissal for academic deficiencies, you'll face a different process. These dismissals are almost always the result of a low GPA, so there's no need for an investigation or a hearing.
That said, the SFSU Academic Standing policy notes that decisions are always open to appeal. If, for example, you have extenuating circumstances, such as a family emergency or a serious illness, you may be able to convince your department chair or the dean of your college to give you more time to improve before imposing dismissal. However, there is no formal process for doing so.
There are other useful strategies for dealing with dismissal in these cases as well.
- If you should discover you have a learning disability, you can petition the university to drop low grades from your GPA and allow you to retake those courses with accommodations in place.
- Faculty are sometimes open to the possibility of grade negotiation. You might try asking an instructor to raise your grade on the basis of your improvement over the course of the semester, for example.
- Classroom mistreatment is also grounds for a grade appeal. You should report any such mistreatment to the chair of your instructor's department.
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 888-535-3686, or use our automated online form.
