Colleges and universities don't have jails. That doesn't mean you're off the hook if you make a mistake or break a rule. You can face stiff penalties for misconduct or for failing to keep your grades up. Those penalties include dismissal. Dismissal isn't just an inconvenience: it can spell the end of your academic career. Few schools are willing to take a chance on an applicant who's already been dismissed somewhere else. And it's not easy out there on the job market these days, especially if you don't have a college degree.
If you're facing dismissal, then you don't want to try to handle the situation all on your own. There's just too much at stake. You need Attorney-advisor Joseph D. Lento and his Education Law Team on your side. They know the law; they know how your school operates, and they're committed to your future. Below, you'll find important details about what can get you dismissed from SCU and how to defend yourself. There's no substitute, though, for the professional help Joseph D. Lento and his Team can provide.
Reasons for Dismissal at Santa Clara University
The list of reasons for dismissal at SCU is long, too long to include here. Ultimately, though, there are only four categories of infractions you need to worry about.
- Disciplinary misconduct: First, you need to follow all the rules relating to general campus conduct. The Santa Clara University Student Code of Conduct includes prohibitions against a wide range of behaviors, from trespassing on university property to providing false information to a university official. Any violation can potentially result in dismissal. Many, such as hazing and drug possession, are almost always punished with dismissal.
- Academic Misconduct: The Code singles out Academic Misconduct as a special type of offense. Such violations have to do with your classroom conduct, things like plagiarism and cheating. Minor offenses are usually handled within the classroom and might mean a lower grade on an assignment or a lower grade in the course. More significant infractions, though, and multiple offenses often garner dismissal.
- Sexual misconduct: Sexually-based offenses are also singled out in the Code, in part because such offenses aren't just a violation of school policy but—under Title IX—of federal law. Sexual misconduct is another offense that almost always results in dismissal.
- Academic Failure: Finally, it's not just breaking rules that can get you expelled from Santa Clara University. You can also be dismissed for simply failing to keep your grade point up. The school's Academic Standing Policy requires you to maintain at least a 2.0 cumulative GPA. If you can't meet that standard, you're placed on probation. If you continue to struggle while on probation, you can be disqualified from attending the university.
Defending Yourself From Misconduct Charges
When it comes to misconduct, you always have the right to defend yourself from charges, whether those charges are related to disciplinary, academic, or sexual offenses. Here's how most cases unfold.
- First, someone—another student, a faculty member, a school official—lodges a complaint against you, usually through an Incident Report.
- Assuming the charges are credible, the school then initiates an investigation. You have the opportunity to meet with investigators and explain your side of the situation. In addition, investigators gather any physical evidence and interview potential witnesses.
- Throughout the process, you have the right to an advisor, and this advisor can be an attorney. Joseph D. Lento or a member of his Education Law Team can accompany you to investigative interviews, for example.
- Once the investigation is concluded, investigators submit a report summarizing their findings. This report becomes the foundation for the next phase of the case: a hearing.
- Both sides have the right to present their full case at the hearing. You may suggest witnesses and offer evidence.
- At the end of the hearing, decision-makers deliberate as to your level of Responsibility (guilt). They use a legal standard known as “preponderance of the evidence.” This standard requires them to find you Responsible if they are more than 50 percent convinced you committed an offense. Note that this is a far less rigorous standard than the one you may be used to: “beyond a reasonable doubt.”
- You can appeal the hearing outcome, should you lose, but only under certain conditions such as a procedural error, the discovery of new evidence, a sanction that is disproportionate to the offense, or a decision that isn't supported by the evidence.
There are some small but important differences in how different types of offenses are dealt with at Santa Clara. For instance, in Title IX sexual misconduct cases, you have the right to cross-examine the Complainant (your accuser), and they have the right to cross-examine you. Joseph D. Lento and his Education Law Team are familiar with the entire SCU judicial system, though, and can help you navigate it no matter what your charge.
Academic Dismissal Cases
Academic dismissal cases are handled somewhat differently than misconduct cases.
The good news is that dismissal doesn't happen automatically. Should your grades start to slip, you are initially placed on probation. You are only dismissed if you fail to improve once you're on probation.
The bad news is that there are no formal means of challenging academic dismissal. You can apply for reinstatement after being away from the school, but SCU makes clear that “Reinstatement to the University after disqualification is rarely permitted.”
Luckily, Attorney-advisor Joseph D. Lento and his Education Law Team know a number of informal strategies for avoiding the threat of academic dismissal. For instance,
- If you should discover you have a learning disability, you can petition the university to drop low grades and allow you to retake those courses with accommodations.
- If your deficiencies are the result of extenuating circumstances, you can try appealing to your school or college dean for more time to improve.
- You can try negotiating directly with faculty. Professors are sometimes open to persuasive arguments. If nothing else, you can ask for makeup work or extra credit, especially if your grade is already borderline.
No matter what your particular situation is, Joseph D. Lento and his Team can help you come up with a plan and put that plan into action.
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 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.
