UC Berkeley is a storied school with a long and distinguished history. The university's name is synonymous with free speech, justice, and equality. Graduating from here means entering into a rewarding career or a top graduate school. More than that, though, it's a mark of distinction that says you understand the values of freedom and civil rights that underlie the foundations of this country.
Graduating from UC Berkeley isn't a given, though. In keeping with its reputation, this is a tough school. It's tough to get in, and it's tough to complete a degree.
There are a number of reasons why you might find yourself dismissed from Berkeley. You'll find out about most of them below. The most important thing you need to know, though, is that if you're fighting dismissal, you don't have to take on that fight alone. National Student Defense attorney-advisor Joseph D. Lento knows what you're up against. He also has the background and experience to help you defend yourself against whatever charges you might be facing.
Reasons for Dismissal at UC Berkeley
There are exactly four reasons why UC Berkeley might dismiss or “expel” you.
- Academic Performance: Your first concern as a student has to be succeeding in the classroom. After all, you came to Berkeley to get an education. The school sets three standards you must meet in order to stay in “good academic standing.” First, you must earn at least a 1.5 GPA during any given semester. Second, you must maintain a 2.0 cumulative GPA over the course of an academic year. Finally, you must earn at least one letter grade every semester. Failure to meet any of these standards means probation. Failure to meet them while you're on probation means at least temporary dismissal.
- Academic Misconduct: As you work towards your degree, Berkeley also expects you to maintain the highest integrity. Cheating, plagiarism, fabrication, and theft of intellectual property are all treated as forms of “academic misconduct,” and repeated or especially egregious violations can also result in dismissal.
- Disciplinary Misconduct: As important as your coursework is, you have obligations outside of the classroom as well. These are generally collected under the title “disciplinary misconduct.” Many offenses, such as hazing, possession of a controlled substance, and use of a firearm, are often punished with expulsion.
- Sexual Misconduct: This is a special form of misconduct that is treated as its own offense. Sexual misconduct is actually subject to federal law under Title IX. That means cases involve a separate set of procedures for other kinds of misconduct. Most violations are punished with dismissal.
The Adjudication Process
There are ways to fight most attempts to dismiss you from UC Berkeley. However, the specific approach depends on what you've been accused of having done.
- Academic and disciplinary misconduct charges are both dealt with under Berkeley's Student Code of Conduct. If the proposed sanction is dismissal, you have the right to defend yourself at a formal panel hearing. Though not exactly like court proceedings, these hearings provide you the opportunity to make arguments, present evidence, call witnesses, and submit questions for Complainant witnesses. Ultimately, cases are decided by a legal standard known as “Preponderance of Evidence.” In simple terms, the panel of decision-makers must find you “Responsible” (guilty) if they believe it is more than fifty percent likely that you committed an offense.
- The process for dealing with sexual misconduct allegations is roughly similar to academic and disciplinary misconduct procedures. The main difference is that such cases must be handled by the school's Title IX Coordinator and officials who have been specifically trained in dealing with sexual offense cases. There is a lengthy investigative period—60 to 90 days—followed by a hearing at which you can make your case. Some of the hearing rules are also different. For instance, Title IX cases are decided by a single individual, known as the Hearing Officer. In addition, in Title IX cases, you have the right to cross-examine the Complainant, and they have the right to cross-examine you.
- There are no obvious procedures in place to fight academic dismissal at UC Berkeley. That's because these decisions are a matter of numbers and not subject to review. However, there are strategies to avoid dismissal in these cases, such as asking an instructor to revise your grade or to issue you an Incomplete while you make up coursework.
Whatever your offense, you are entitled, in most instances, to a number of due process rights. Among these, you have the right to an advisor. Further, this advisor can be an attorney. This is an extremely important right. Disciplinary hearings can be complex proceedings. A seasoned attorney-advisor, someone experienced with working with students, will know how to navigate these proceedings and how to get you the very best possible resolution to your case.
Appeals Process
Losing a case at the hearing level doesn't necessarily mean you'll be dismissed. Another of your important due process rights at UC Berkeley is the right to appeal. Academic and disciplinary misconduct decisions can be appealed to the Vice Chancellor for Student Affairs. Sexual misconduct outcomes may be appealed to a Title IX Appeals Officer.
In either case, there is a time limit of 10 days in which to file the appeal. In addition, the grounds for appeal are strictly limited to
- New evidence
- Procedural errors
- Bias on the part of an official
You should also note that appeals don't involve hearings. Instead, both sides submit written arguments along with supporting evidence, and decision-makers determine the outcome based solely on these documents.
Fighting for Your Future
It's not easy to fight dismissal at UC Berkeley. Procedures are complicated, and you're usually trying to battle the entire weight of the school. This leads some students to simply give up and accept dismissal.
You have to keep fighting, though. While defending yourself can be an arduous task, your future is at stake. Lose your case, and you're no worse off, but fight and win, and you can salvage your reputation and your chance at a degree from one of the best schools in the country.
It's also important to remember: you don't have to take on this fight alone. Joseph D. Lento built his practice helping students defend their rights. He's dealt with every kind of case, from cheating allegations to Title IX violations. He knows how school procedures work, and he's practiced talking to faculty and administrators.
If you or your child is facing dismissal, even if you've 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.
