College is about more than studying and going to classes. Oh, academics matter. San Jose State University will certainly dismiss you if you can't keep your grades up. But you can be dismissed for lots of other reasons, too, like cheating, underage drinking, or stalking.
What do you do if you're facing dismissal? You start by finding out all you can about the charges against you. Only when you know exactly what you've been accused of doing can you begin the process of proving your innocence. Next, you investigate SJSU's judicial policies. Will there be an investigation? Will you get the chance to tell your side of the story? What does a university hearing look like?
Finally, though, and most importantly, you make sure you have someone on your side, someone to help you prepare your case and to stand beside you while you present it. You contact attorney-advisor Joseph D. Lento and his Education Law Team. They've been doing this for many years. They know how the San Jose system works, and they know how to protect your rights.
Reasons for Dismissal at San Jose State University
Let's start by looking at the various reasons San Jose State can dismiss you. Again, there are dozens of rules at the university, and breaking any one of them can get you into serious trouble. For the most part, though, dismissible offenses can be grouped into four categories.
- Academic Deficiencies: Low grades won't automatically get you expelled. According to the school's academic standing policy, you need to maintain a cumulative GPA of at least 2.0 to stay in Good standing, but should you fall out of Good standing, you'll still have the chance to improve. However, academic forgiveness isn't unlimited. You can wind up dismissed if your grades remain consistently low.
- Academic Misconduct: Cheating and plagiarism can get you into much more trouble than simple low grades. These are violations of the school's Academic Integrity Policy. Here again, one mistake probably won't get you dismissed. A second mistake could, though.
- Disciplinary Misconduct: The Academic Integrity Policy governs your classroom behavior. The Student Conduct Code governs your campus behavior generally. It includes prohibitions against things like unauthorized entry into campus buildings, theft of property, and misuse of computer facilities. Any violation of the Code can result in dismissal. Some violations, such as weapons possession and hazing, almost always result in dismissal.
- Sexual Misconduct: Sexually-based offenses are also typically punished with dismissal. In fact, colleges and universities are required by federal law—Title IX—to investigate all credible complaints.
Defending Yourself From Misconduct Charges
Here's the good news when it comes to misconduct charges: San Jose State has clear investigation and adjudication procedures in place for all allegations. That means there's a process for defending yourself. The bad news? Those processes can be complex.
- Usually, a case begins with a complaint against you. The person making the complaint is referred to as the Complainant. As the accused, you're referred to as the Respondent. The school is ultimately trying to determine if you are Responsible for (guilty of) a code violation.
- If the school decides to initiate an investigation, it will provide you with Notice of the Charges. This document should outline the specifics of the allegation and apprise you of your due process rights.
- Among your rights, you are allowed to select an advisor, someone to help you with your case. Importantly, this advisor can be an attorney.
- You can expect investigators to meet with you and get your side of the story. They'll meet with the Complainant as well, collect any physical evidence, and interview any witnesses.
- In most cases, investigators compile their findings into an Investigative Report. This becomes the foundation for the hearing that follows.
- At the hearing, the school gives you the opportunity to make your case formally. You may submit evidence, call witnesses, and submit questions to any witnesses against you. The Complainant has the right to do the same.
- In the end, the case is decided using a legal standard known as “preponderance of the evidence.” In simple terms, Decision Makers must find you Responsible if they believe it is “more likely than not” that you committed an offense.
- Your last due process right is the right to appeal the hearing outcome. However, you may do so only under very particular circumstances. These include
- Prejudicial procedural errors
- A finding that is inconsistent with the facts in the case
As if these procedures weren't complex enough, cases can also differ in small but important ways based on the nature of the charges. For example, if you've been charged with Title IX sexual misconduct, you and the Complainant have the right to cross-examine one another. That's not true in other types of cases.
No matter what charges you're facing, though, Joseph D. Lento and his Student Defense Team are well-versed in all judicial rules and procedures at San Jose State. They've spent years working in the field of campus justice, and they can help you navigate the system from the moment you're charged until your last appeal is filed.
Academic Dismissal Cases
Academic dismissal cases can be a bit trickier than misconduct dismissals. That's because San Jose State doesn't usually consider your GPA as open to debate. No one will investigate your case, and you aren't entitled to a hearing.
That doesn't mean you don't have options.
- If your academic deficiencies are the result of extenuating circumstances, like a family emergency or a serious illness, you can apply for immediate reinstatement to the university.
- If you should discover you have a learning disability, you may be able to convince the school to drop low grades from your GPA. You can then retake those courses with appropriate accommodations in place.
- You can also try negotiating directly with faculty. For instance, if your final exam score was particularly high, you might argue that it demonstrates your mastery of course material and should therefore replace your course grade.
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 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.
