You're smart; you're capable; you're disciplined. That's not always enough to make it through college. Every year, UC Davis dismisses dozens of students for everything from low GPAs to disciplinary misconduct like theft and assault.
You might think you're immune to such problems. Life has a funny way of intervening, though. You never know when you may find yourself in a course with material you just can't seem to wrap your brain around. You can't know when you might go through a bad breakup and suddenly find yourself struggling to make it to class every day or when your temper might suddenly flare up and cause you to punch someone. And keep in mind: you don't have to have done something wrong to find yourself accused of doing something wrong.
If you should find yourself facing dismissal for any reason, you need to know there's help available. National Student Defense attorney-advisor Joseph D. Lento is dedicated to making sure university students are treated fairly and that they have every opportunity to complete their degrees successfully, even if they've made a mistake or two. He's helped hundreds of students defend themselves from all kinds of charges, and he's ready to help you.
Reasons for Dismissal at UC Davis
There are lots of reasons UC Davis can dismiss you. For simplicity's sake, though, they can be divided into four basic categories.
- Academic Misconduct: As you might expect, UC Davis takes a dim view of any form of cheating or dishonesty in your coursework. The Code of Academic Conduct specifically prohibits behaviors such as looking at another student's paper during an exam, inventing false citations in a paper, giving fake excuses to get out of coursework, and sharing copies of a test with other students. In fact, anything that might tend to give you an unfair advantage in your coursework qualifies as a violation and can result in penalties up to and including dismissal.
- Disciplinary Misconduct: The high standards at UC Davis extend beyond the classroom. In addition to its Code of Academic Conduct, the school also maintains a strict Policy on Student Conduct and Discipline. Here, you'll find rules against non-academic misconduct, such as theft, assault, and underage drinking. Breaking any of these rules can also get you dismissed. Some, such as hazing and drug possession, are almost guaranteed to get you expelled.
- Sexual Misconduct: Though it is technically a kind of disciplinary misconduct, sexual misconduct is treated as its own particular type of offense, and punishments can be particularly harsh. The minimum penalty in such cases is usually suspension, but dismissal is the most likely penalty.
- Academic Progress Issues: Finally, you can lose your spot at UC Davis simply for failing to keep up with your coursework. If your grade point should fall below 2.0, or you should fail too many classes in a quarter, you can find yourself on Academic Probation or even expelled.
The Adjudication Process
Making a mistake—even a serious mistake—doesn't necessarily mean you'll be dismissed from UC Davis. There are ways to defend yourself. Any time you're accused of misconduct, you're entitled to a full investigation and a formal hearing. Most cases work the same way, no matter what you've been accused of doing.
- Typically, cases begin when someone lodges a complaint against you with the Office of Student Support and Judicial Affairs (OSSJA).
- The OSSJA can decide to dismiss a charge. If it decides to proceed, it must furnish you with notice of the investigation.
- Investigations can be as simple as an instructor collecting examples of your classwork to determine whether or not you've plagiarized a paper or as complex as the collection of physical evidence and witness testimony to argue that you've committed a sexual assault. Investigators will almost certainly interview you. In addition, you have the right to provide them with any evidence that may tend to exonerate you.
- Following the investigation, you are allowed to present your full case at a formal hearing. You may offer evidence and call witnesses to help support your arguments.
- Once the hearing is over, a panel of decision-makers made up of faculty and students must decide whether or not you committed a violation. They use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible (guilty) if they are more than 50 percent convinced you committed an offense.
- If you are found Responsible, decision-makers also assign a sanction or punishment.
There are some minor variations in how different investigations and hearings proceed based on the offense. In particular, sexual misconduct allegations are handled using a very specific set of rules and guidelines set up by federal law (Title IX). Instead of the OSSJA, for instance, all aspects of the case are handled by your school's Title IX Coordinator. This person appoints specially trained officials to conduct investigations and hearings. In addition, you have some rights in these cases that you don't ordinarily have, such as the right to be accompanied by an advisor who may be an attorney and the right to cross-examine the Complainant and any other witnesses against you.
Campus justice at UC Davis can be tricky. You need someone on your side who understands how to navigate the system. Attorney-advisor Joseph D. Lento knows exactly how the judicial processes work and how to use them to your advantage.
Appeals Processes
In addition to an investigation and a hearing, you also have the right to appeal the hearing outcome should you lose your case. Academic and disciplinary misconduct appeals are decided by the Associate Vice Chancellor. Sexual misconduct appeals are heard by a special Appeals Officer appointed by the Title IX Coordinator.
You should know that there are limitations on appeals. First, all appeals must be filed within ten days of notification of the hearing outcome. In addition, all appeals must be based on very specific grounds:
- Procedural Error
- New evidence
- Conflict of interest on the part of an official
- The outcome doesn't match the facts of the case
- Sanction is disproportionate to the offense
Academic Dismissal Cases
To this point, we've made no mention of how to go about responding to academic performance dismissals. Such dismissals are almost always based on grade point average, so there are no formal means of challenging them.
However, there are ways to prevent such dismissals. If a professor has mistreated you, for instance, you may be able to seek relief from a department head or your college dean. Sometimes faculty are willing to work with you to help raise your grade. It is always worth asking for extra credit assignments, for instance, or an Incomplete grade, so you have more time to finish up any outstanding work.
Obviously, these approaches often involve complex negotiation tactics. Here again, Joseph D. Lento can be a valuable asset, offering you important advice on just how to talk with faculty and administrators.
Fighting for Your Future
Fighting dismissal may 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're not on your own.
Joseph D. Lento stands ready to help. Joseph D. Lento built his practice 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 put together a water-tight appeal; he knows how to formulate witness questions; he knows how to negotiate with faculty and administrators. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will do everything in his power 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 Team today at 888-555-3686, or use our automated online form.
