You've found yourself in some sort of trouble at SUNY Albany. Maybe your grades have fallen, or someone has leveled an allegation of sexual assault against you. An advisor or an administrator has mentioned the possibility of dismissal to you, and you're thinking that might mean the situation is serious.
You're thinking is right. Dismissal—permanent separation from the university—is serious enough. Dismissal always comes with a transcript notation about the nature of your offense, though. That likely means you can't start over at another school. Your academic career could effectively be over.
There's help available, though. The Lento Law Firm knows exactly what you're facing. Our Student Defense Team was built to help students deal with situations like yours. We're determined to get our clients all the rights they deserve and to ensure you have every reasonable opportunity to earn your degree.
What can we do for you? Find out by calling 888-535-3686, or take a few minutes right now and fill out our online form.
Reasons for Dismissal from SUNY Albany
Let's start with the basics. Before you start building your defense, it's crucial that you understand the charges against you. If you're facing dismissal at SUNY Albany, it means you're facing one of four problems.
- Academic Standing: It could be that you're simply struggling academically. You can be dismissed for a low GPA. That type of dismissal doesn't usually happen quickly. If you're not meeting standards, you can expect the university to place you on probation first. If you continue to struggle while on probation, though, you can eventually be dismissed.
- Academic Misconduct: It's not just your grades you have to worry about at SUNY Albany. Your behavior matters just as much, if not more. As a starting point, you're expected to earn your degree honestly. The Standards of Academic Integrity expressly forbid any sort of classroom dishonesty—cheating, for example, and plagiarism. As with grades, one slip isn't going to doom your college career. Multiple slips could, though.
- Disciplinary Misconduct: Outside the classroom, your behavior is governed by SUNY Albany's Student Conduct System. You're prohibited, for example, from committing theft, from possessing, using, or distributing drugs, and from gambling. In this case, any violation can result in dismissal if it is serious enough.
- Sexual Misconduct: Sexually-based offenses aren't just contrary to SUNY Albany policy. Under the federal government's Title IX, all colleges and universities are required to take measures to curb sexual misconduct. As a result, dismissal is the most common penalty in these cases.
Misconduct Defenses
As you may have noticed, there are basically two types of dismissals at SUNY Albany: misconduct dismissals and academic dismissals. That also means there are two types of defenses.
If you've been accused of any form of misconduct, you're entitled to an investigation and to defend yourself at a hearing. In addition, you have a number of important due process rights to help you along the way.
- Cases typically begin with a complaint. The university must then decide whether or not to undertake a full investigation. If it does, it must provide you with a Notice of the Charges. This Notice should include the name of your accuser (if any) and an explanation of the allegations. It should also apprise you of all your due process rights.
- One of your most important due process rights is the right to an advisor. In addition, you may select an attorney to serve in this role. Your Lento Law Firm attorney can't speak on your behalf, but they can accompany you to investigative meetings and speak with you privately to offer advice.
- You'll be invited to speak with investigators. If there is a Complainant (accuser), they'll get the chance to give their side of the story as well. In addition, investigators will interview any witnesses and collect any physical evidence.
- Once their work is completed, investigators submit a written report of their findings. That report serves as the foundation for the hearing that follows.
- At the hearing, you may present your full case. That means you can make opening and closing statements, introduce evidence, and even call witnesses. Here again, in most instances your Lento Law Firm attorney can't speak for you, but they can be on hand to make sure you present a strong case and that you're treated fairly.
- You'll face one or more decision-makers at the hearing. Once both sides have made their cases, these decision-makers determine your level of Responsibility (guilty) by applying a legal standard known as “preponderance of the evidence.” Simply put, they must find you guilty if they are more than fifty percent convinced you committed an offense.
- Your case isn't necessarily over after the hearing. Even if you should lose, you have the right to appeal the outcome, at least under certain conditions. These include procedural errors, the discovery of new evidence, and a sanction that is disproportionate to the nature of the offense.
While all cases follow this basic outline, not all cases are the same. You can face slightly different rules and procedures depending on the nature of the charges against you. For instance, Title IX sexual misconduct cases are governed by federal law, so they sometimes include elements not found in other kinds of cases.
None of that matters, though, if you're working with a Lento Law Firm attorney. We're familiar with all of SUNY Albany's judicial procedures. We'll guide you through the system and make sure you get the very best possible outcome to your case.
Academic Dismissal Cases
As we mentioned, academic dismissal cases are a bit different from misconduct dismissal cases. Basically, because these dismissals are based on an objective fact—your GPA—decisions are automatic.
There is a process, though. You don't get dismissed the moment your GPA falls. Instead, you go through a series of sanctions—warnings, probation—and only at the end of the process do you face dismissal.
In fact, SUNY Albany even offers an appeals process for those students facing academic dismissal. Ordinarily, you must be able to show your deficiencies are the result of some extenuating circumstance if you want to avoid dismissal, like a serious illness or a family emergency.
Even if you can't point to some crisis, the attorneys at the Lento Law Firm can work with you to help you avoid dismissal. For instance,
- If you should discover you have an undiagnosed learning disability, you can ask the university to set aside your low grades. Then, you can retake courses once you have the accommodations you need to level the playing field.
- It's usually rather painless asking instructors for extra credit or makeup assignments. After all, the worst they can say is no. It could be that finishing a lab assignment or rewriting a paper is enough to keep your GPA out of the danger zone.
- Any time you feel an instructor is mistreating you, you should report that to your instructor's department head. You are entitled to fair treatment, and unfair treatment can be grounds for a grade revision.
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, fill out our online questionnaire.
