Don't be fooled: college is tough. Sure, it's a chance to make new friends, establish your independence, and figure out who you want to be. In between, maybe you have a little fun too. Have a little too much fun, though, and you could find yourself looking for another school or heading onto the job market with no degree at all. Lots of students don't make it through. Every semester, for instance, the University at Buffalo, SUNY dismisses dozens of students for everything from plagiarism to disorderly conduct.
How do you make sure you're not one of them?
You find out all you can about what can get you dismissed, how to avoid issues, and how to defend yourself if you should wind up in trouble. To get you started on that process, we've put together some basic information on all four of the reasons why the University at Buffalo might dismiss you: academic misconduct, disciplinary misconduct, sexual misconduct, and poor academic performance.
Academic Misconduct
Academic misconduct has to do with your integrity as a student. The University at Buffalo wants to make sure that you're earning your degree honestly. As the Integrity Policy points out, that means avoiding things like cheating, plagiarizing, falsifying academic materials, and submitting the same work in two classes. Minor policy violations can earn sanctions from a simple warning to failure in the course. Major violations, though, and repeat offenses are frequently punished with dismissal from the university.
You do have the right to defend yourself from accusations and to protest sanctions that seem too harsh. Here's what you need to know about that process.
- Appeals must be filed with the Academic Integrity Office within 10business days of receiving notification of your instructor's decisions.
- The Academic Integrity Office then convenes an Adjudication Committee to hear arguments from both sides in the case.
- You may choose an advisor to accompany you to the hearing and to advise you during proceedings. However, this advisor cannot be an attorney, and they may not speak on your behalf.
- At the hearing, you may present evidence and even call witnesses if you so choose. Your instructor has the right to do the same.
- The committee then deliberates as to your level of responsibility. The policy does not say what standard of evidence members must use in making their decision, but university committees typically use a standard known as “preponderance of evidence.” In simple terms, they must find you “Responsible” (guilty) if they believe it is “more likely than not” that you committed an offense.
You also have the right to appeal the committee's decision to the Director of the Office of Academic Integrity. However, appeals are only heard in cases of procedural error or the discovery of new evidence.
Disciplinary Misconduct
The University at Buffalo isn't just interested in your classroom behavior. It also has strict rules about your conduct outside the classroom. These are contained in the school's Student Code of Conduct. This document includes prohibitions against activities like public intoxication, keeping a pet in your dorm room, and tampering with fire alarms. Any violation can potentially result in dismissal. However, many offenses, such as hazing and drug possession, almost always garner dismissal.
Allegations are handled by the Office of Student Conduct, and serious cases—those that could result in dismissal—are decided by a panel drawn from the school's Student Wide Judiciary (SWJ).
- The first step in disciplinary misconduct cases is a meeting with a single University Hearing Representative (usually a school law student). After hearing your side of the story, this Representative makes an initial ruling and suggests a sanction. You can, of course, accept this sanction as part of a plea deal.
- You have the right to an advisor throughout the adjudication process, and in these cases, your advisor can be an attorney. Again, however, your advisor is not allowed to speak for you.
- If you reject the plea deal, your case is then heard by a panel drawn from the SWJ.
- The hearing largely consists of questions asked by the panel. You can submit questions to this panel, but you may not address the Complainant (your accuser) or any other witnesses directly.
- Cases are decided based on the “preponderance of evidence” standard.
You can appeal the outcome of these hearings, but in these cases, appeals are only heard on the basis of procedural error.
Sexual Misconduct
Sexual misconduct is a form of disciplinary misconduct, but for various reasons, it is treated as a separate violation. For one thing, such offenses are subject to federal law in addition to university policy. This means investigation and adjudication are governed by a very strict set of guidelines set forth in Title IX. For another, Responsible verdicts in these cases are almost always punished with dismissal.
Here's a basic outline of the procedures used in these cases.
- All allegations are handled by the school's designated Title IX Coordinator, who appoints trained investigators and decision-makers to pursue the case.
- Again, throughout the process, you have the right to an advisor, and this advisor can be an attorney.
- Investigations are generally more thorough than in other kinds of misconduct cases.
- At the end of the investigation, the Investigator submits an unbiased written report of their findings. You have the right to suggest revisions to this document.
- You are then entitled to a full and formal hearing before decision-makers trained in Title IX cases.
- You have the right to make arguments, present evidence, and call witnesses. You also have the right—through your advisor—to cross-examine the Complainant and any witnesses against you.
- Once again, the standard of evidence in such cases is “preponderance of evidence.”
Appeals are heard by a Title IX appeals panel, and grounds for appeal are restricted to a procedural error, new evidence, or bias on the part of a Title IX administrator.
Academic Performance Issues
Misconduct isn't the only reason you can be dismissed from the University at Buffalo, SUNY, though it is the most common reason students are dismissed. You can also be dismissed for poor academic performance. The school maintains a clear Academic Standards policy, and term and cumulative grade point averages below 2.0 can get you put on academic probation or ultimately dismissed entirely.
You can appeal dismissal in such cases to the Dean of Undergraduate Education, particularly in instances where mitigating factors may have caused your poor performance. In addition, if you should be dismissed, you can appeal for reinstatement to the university. However, you can only do so after spending a year away, and readmission is not guaranteed.
There are a variety of other ways of dealing with dismissal for academic reasons. Joseph D. Lento and his Student Defense Team know all of these and can advise you about which ones will work best in your particular situation.
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 today at 888-555-3686, or use our automated online form.
