We all know a college degree is key to a successful future. Why, then, doesn't everyone get one? Because it's hard. It's four years of going to classes, studying for hours every day, working to impress professors while participating in clubs, figuring out who you want to be, and maybe spending your free hours doing a work-study job. A lot of people don't bother trying at all, but there are also a lot of people who get started only to lose their way. Every year UC Irvine dismisses dozens of students for a whole host of reasons, from low GPAs to sexual misconduct.
National Student Defense attorney-advisor Joseph D. Lento wants to make sure you're not one of them. Joseph D. Lento believes in what you're doing, and he believes you should have every opportunity to graduate and go on to a successful career. That's why he's dedicated his legal practice to working with students just like you to make sure that they're treated fairly by their universities and that they're afforded every right they deserve.
You'll find useful information below on all the various reasons UC Irvine might try to dismiss you, as well as descriptions of how to go about defending yourself. Ultimately, though, if you want to avoid dismissal and protect your future, you want to contact Joseph D. Lento and his Student Defense Team. You can and should fight, but fighting your school is no easy task, and you're going to need a professional to help.
Academic Performance Issues
Let's start with the most obvious reason why you might be expelled from UC Irvine: academic failure. According to the school's Academic Regulations and Procedures, you are required to maintain a 2.0 cumulative grade point and to complete—not attempt, but successfully complete—at least 12 to 15 hours of credit every term.
Failure to meet these standards typically results in one to two terms on academic probation. However, if you can't improve while on probation, you can be dismissed from the university. In fact, you can be dismissed without probation should your GPA fall below 1.5 in any given term.
Because they are based on GPA, dismissal decisions in these cases aren't normally subject to review. However, there is an appeals process if you have extenuating circumstances that have led to your academic distress. If you are ultimately dismissed, you can also petition for readmission after being away from the university for at least one term.
Joseph D. Lento is familiar with both of these processes as well as other options, like negotiating directly with faculty for higher course grades. He can help you develop a plan specific to your situation and help you put that plan into action.
Academic Misconduct
UC Irvine expects you to excel as a student, but it also expects you to do so honestly. The school has a strict policy on academic integrity that prohibits “any activity that involves attempting to receive a grade by means other than honest effort” and “aid[ing] another student who is attempting to do so.”
Serious and repeat offenses can definitely get you dismissed from the university. Dismissal decisions are normally in the hands of the Academic Integrity Administrative Office and are made after separate interviews with you and the instructor, as well as a review of the evidence. If you are found Responsible for a violation, though, you have the right to contest the finding, the sanction, or both before an Academic Integrity Hearing Panel made up of faculty and administrators.
At the hearing, you may present evidence and call witnesses. You may also be accompanied by an advisor, who may be an attorney. However, this advisor may not speak for you, only offer advice to you.
It is worth noting that this “hearing” is treated as an “appeal” of the original administrative decision. Thus, the outcome of the hearing is final.
Disciplinary Misconduct
You aren't just responsible for your classroom behavior at UC Irvine. The school also has a disciplinary policy meant to cover your non-academic behaviors as well. Grounds for Discipline include everything from forgery to theft and disorderly conduct to underage drinking. Any violation can potentially get you dismissed, but some—like hazing, drug possession, and assault—almost always result in dismissal.
As with academic misconduct cases, the initial decision as to your responsibility is not subject to a formal hearing. Instead, a Conduct Officer from the Office of Academic Integrity and Student Conduct conducts an investigation and decides the outcome and any potential sanctions based on their findings. Decisions are based on a legal standard known as “Preponderance of Evidence.” Basically, the Officer must find you Responsible if they believe it is “more likely than not” that you committed an offense.
Again, you have the right to appeal any dismissal decision, in this case, to a Student Conduct Review Board. You have the same basic rights during this hearing that you would have in an academic misconduct hearing. However, in these cases, you do have the right to appeal the outcome of this hearing. Appeals should be directed to the Vice Chancellor for Student Affairs, who is solely responsible for making a final decision.
Sexual Misconduct
Perhaps no single misconduct charge is more serious for a college student than sexual misconduct. That's because such allegations aren't just subject to school policy but to federal law. That law, Title IX, doesn't punish students directly, but it does punish schools that don't investigate thoroughly or punish violations with serious enough sanctions. As a result, all colleges and universities are zealous in their pursuit of any and all accusations and harsh in their sentences.
All cases are under the supervision of UC Irvine's designated Title IX Coordinator. This official reviews the allegation and decides whether or not an investigation is warranted. If it is, the Coordinator appoints a Title IX Investigator, who has 60 to 90 days to gather evidence, including witness testimony.
Following the investigation, the school holds a formal, live hearing. The Coordinator appoints a Hearing Officer to preside over the case. As in other types of hearings at UC Irvine, you have the right to present evidence and question witnesses. Title IX also gives you the right to cross-examine the Complainant (your accuser) and any other witnesses against you. You may have an advisor, who may be an attorney, but all questions are asked by the Hearing Officer, and your advisor may not address this Officer directly.
Finally, whatever the outcome of the hearing, both sides have the right to appeal to a Title IX Appeals Officer. However, grounds for appeal are strictly limited to
- Procedural error
- Outcome not based on the evidence
- Sanctions disproportionate to the offense
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.
To find out more about what Joseph D. Lento can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
