College can be one of the most rewarding experiences of your life. It's a chance to make new friends, establish your independence, and figure out who you want to be. Make no mistake, though: it won't be the easiest four years. In fact, lots of students don't make it all the way through. Every semester SUNY Stony Brook dismisses dozens of students.
How do you make sure you're not one of them?
You find out all you can about what can lead to dismissal and how to defend yourself when you're in trouble. That starts here.
Generally speaking, there are four reasons Stony Brook might dismiss you: academic misconduct, disciplinary misconduct, sexual misconduct, and poor academic performance. You'll find out about all four of these below.
Academic Misconduct
Let's start with academic misconduct. This has to do with misbehavior in the classroom and includes anything that could potentially give you an unfair advantage in completing your coursework. That means things like plagiarism, cheating, stealing education materials, and fabricating excuses to get out of assigned coursework. Stony Brook recommends instructors fail students who violate the integrity policy. Multiple offenses, though, are subject to dismissal.
You do not have the right to challenge a sanction for cheating, but you can challenge the accusation itself by appealing to the Academic Judiciary Committee.
- Cases are handled by a five-person Hearing Board made up of two faculty members, two students, and one staff person.
- You have the right to present evidence and call witnesses. You also have the right to question the Complainant (typically, your instructor) and any witnesses against you. The Complainant has these same rights.
- You may be accompanied by an advisor, and this advisor may be an attorney. However, your advisor may not speak on your behalf.
- At the conclusion of the hearing, the panel deliberates as to whether or not you are “responsible for” (guilty of) an offense and what sanction, if any, you deserve. Decisions are based on a legal standard known as “clear and convincing.” This means decision-makers must find you responsible if they believe the evidence against you is “more likely to be true than not true.”
Finally, you also have the right to appeal the panel's decisions to the Associate Provost for Academic Success. However, you must file this appeal within seven days of being notified hearing outcome, and grounds for appeal are limited to new evidence or the allegation of a procedural error.
Disciplinary Misconduct
Just as you are subject to rules in the classroom, you're subject to rules outside of it under Stony Brook's Code of Student Responsibility. You can face charges for a variety of misconduct, from underage drinking to “the misuse of devices such as box cutters, laser pointers, paintball guns,” and any charge can ultimately lead to dismissal. However, some offenses almost always result in dismissals, such as drug possession, weapons possession, and hazing.
Most allegations are handled by the Office of Student Conduct and Community Standards. Once the office receives a complaint, it conducts an investigation. If the investigation suggests you may have committed a violation, the case is then turned over to a Hearing Board.
- Hearing Boards are comprised of three to five individuals and must include at least one student member and one faculty or staff member.
- As in academic misconduct cases, you may bring an advisor with you to the hearing, and this advisor may be an attorney. Again, however, you are responsible for making your own presentation to the Hearing Board.
- You may present evidence and call witnesses. You may also question the Respondent and any witnesses against you. The Complaint has the opportunity to do the same, and all witnesses are subject to questions from members of the Hearing Board.
- Decisions in these cases are made using a legal standard known as “preponderance of evidence.” According to this standard, you are responsible if decision-makers believe it is “more likely than not” that you committed an offense.
Here again, you may appeal the hearing outcome to the “designated University official,” but you must file within seven days. In addition to new evidence or procedural error, grounds for an appeal in these cases include a sanction that is disproportionate to the offense.
Sexual Misconduct
Sexual misconduct is technically a type of disciplinary misconduct and, in fact, is dealt with in the Code of Student Responsibility. However, rules and procedures regarding investigations and hearings are subject to federal law under Title IX of the 1972 Education Amendments and, thus, somewhat different from those used in ordinary disciplinary misconduct cases.
To begin with, cases are handled by Stony Brook's designated Title IX Coordinator, who oversees the case and appoints all investigative, adjudicative, and appellate officials.
- Investigations in these cases are typically extensive, involving the collection of physical evidence and interviews with both the Complainant and the Respondent, as well as any witnesses. They can take up to 90 days to complete.
- At the conclusion of the investigation, the Investigator must submit a written, unbiased report of their findings. Both sides have the right to review this document and suggest changes.
- Hearings are overseen by a Hearing Official who makes decisions as to all procedural matters.
- At the hearing itself, your advisor must conduct all cross-examination on your behalf.
- Decisions are made by a three-member panel made up entirely of faculty members and are based on the “preponderance of evidence” standard.
Appeals are directed to the Title IX Appeals Panel and are subject to the same rules as in other disciplinary misconduct cases.
Academic Performance Issues
In addition to misconduct, poor academic performance is also grounds for dismissal from Stony Brook. You are expected to earn a 2.0-grade point average each semester and maintain a 2.0 cumulative GPA. Failure to do so can result in probation, and if you can't improve while on probation, you are subject to suspension or dismissal.
Unfortunately, the university does not offer any formal means of disputing an academic performance sanction since these decisions are based on objective factors. However, you do have options for dealing with the threat of dismissal in such cases. For instance, if you are struggling academically due to extenuating circumstances like a death in the family, you can try appealing directly to the dean of your school or college. Alternatively, you can try talking with professors about the possibility of extra credit or makeup assignments.
Joseph D. Lento is familiar with these and other options and can help you decide which is right for you.
Fighting for Your Future
Fighting dismissal of any type can seem like a daunting prospect. You have to develop a defense strategy, collect evidence, and talk to witnesses. All of this takes time and energy that, as a student, you just don't have. That doesn't mean you should simply give up and accept your fate. You're never any worse off fighting and losing than you would be just giving up.
More importantly, you don't have to take on your school alone. Joseph D. Lento stands ready to help. Joseph D. Lento built his career helping students just like you handle all types of misconduct charges. He's dealt with everything from plagiarism allegations to rape charges. He knows how to negotiate with faculty and administrators; he knows how to formulate witness questions; he knows how to put together a water-tight appeal. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will fight hard to get you the very best possible resolution to your case.
If you or your child is facing dismissal or have already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm's Student Defense Team today at 888-555-3686, or use our automated online form.
