If someone at the University of Delaware has mentioned the “D” word to you—Dismissal—the situation is serious, and you need to take it seriously. Few schools are willing to take a chance on a student who has already been dismissed. That means if you should wind up expelled from the University of Delaware, it may very well mean the end of your academic career.
“Taking it seriously” means understanding the charges against you. It means finding out all you can about how to defend yourself. And most important of all, it means getting help. It's no easy task taking on a university, and you don't want to do it yourself, especially with so much at stake.
The Lento Law Firm's Student Defense Team can help. We know what the law has to say about education. We also know how your school operates. We know who to talk to when you're in trouble and what to say. And no matter what issue you may be facing, we're on your side. We're committed to getting students fair treatment from their universities, and we'll do whatever it takes to get you the best possible resolution to your case. For more information on how we can help with dismissal issues, call 888-535-3686 today or use our automated online form.
Reasons for Dismissal from the University of Delaware
We mentioned responding to charges. You can't do that unless you know exactly what you've been accused of doing. At the University of Delaware, there are four things that can get you dismissed.
- Academic Misconduct: First, you can be dismissed for academic dishonesty. Cheating, plagiarism, and misrepresentation are all expressly forbidden by UD's Academic Integrity policy. In most cases, a first offense won't get you dismissed. Multiple offenses are often punished with expulsion, though.
- Disciplinary Misconduct: Your campus behavior is governed by the university's Code of Conduct. The Code includes dozens of rules about everything from who can drink alcohol to how you're supposed to use campus computer resources. Any violation can potentially lead to dismissal.
- Sexual Misconduct: This is among the most serious offenses a student can commit. That's one reason why it's treated as its own form of misconduct. In addition, sexual misconduct is barred on all college campuses by the federal government under Title IX. The minimum punishment is usually suspension, and the more likely punishment is dismissal.
- Academic Performance: You can also be dismissed from UD simply for failing to keep your grades high enough. After all, you did come to school to be a student. The Academic Standing policy requires you to maintain a 2.0 GPA. Anything below that number means probation, and if your GPA should fall low enough, you can be dismissed as well.
Misconduct Procedures
In the most general sense, campus violations are handled the same way criminal offenses are in the real world. There's an investigation, for example, and you get the chance to defend yourself at a hearing. You're also entitled to some important due process rights, such as the right to be presumed “Not Responsible” (innocent).
- Most cases begin with a Complaint. The charge might come from an alleged victim, or it might come from the university. As the accused, you're referred to as the Respondent.
- The school must let you know if you're under investigation. You are issued a Notice of the Charges. That should describe the allegations against you and apprise you of all your rights.
- Investigators typically begin by interviewing both sides of the case separately. They also talk with witnesses and review any physical evidence.
- Once they've completed their work, investigators submit a written report to the university. The university then sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
- The hearing gives you the opportunity to demonstrate your innocence or to present mitigating circumstances explaining your actions. You may offer up evidence, and you may call witnesses to testify. You may also raise questions for any witnesses against you.
- One of the key ways in which campus cases differ from actual criminal court cases is in how Responsibility is determined. Criminal courts use the “beyond a reasonable doubt” standard you're probably familiar with. Your decision-makers will use the “preponderance of the evidence” standard. In simple terms, they must find you Responsible if they believe it is “more likely than not” that you committed an offense.
- Finally, you have the right to appeal the hearing outcome, but only in certain circumstances. These include
- The discovery of new information
- A procedural error
- The decision was not based on the facts of the case
You may also appeal the severity of the sanction.
If you're facing Title IX sexual misconduct charges, federal law gives you the right to be accompanied by an attorney. Otherwise, UD limits representation in misconduct cases to Student Advisors drawn from a pool of campus officials.
Keep in mind, though, that your Lento Law Firm attorney can do far more than just sit beside you in a hearing and offer advice. In fact, representation is very little of what they do. Your attorney will
- Help you develop a defense strategy
- Advise you on how to talk with school officials
- Work with you to gather and organize evidence
- Draft any paperwork
- Suggest questions for witnesses
- Coach you in putting together your hearing presentation
Most importantly, your Lento Law Firm attorney will monitor the case from start to finish to make sure the University of Delaware doesn't violate any of your fundamental due process rights.
Academic Dismissal Cases
Academic dismissal cases at the University of Delaware are significantly different from misconduct dismissal cases. Decisions are based almost exclusively on GPA, and that means there's no need for either an investigation or a hearing. In fact, most decisions are made by computer. You simply receive an email letting you know that you've been dismissed.
However, even in these cases, the attorneys at the Lento Law Firm know a number of valuable strategies for avoiding sanctions up to and including dismissal. For example,
- Disabilities, including learning disabilities, can entitle you to course accommodations like extra time on assignments or a student note taker. If your instructor denies your right to these accommodations, you can appeal your case to Disability Services.
- If your academic deficiencies are the result of extenuating circumstances, like an illness or a family emergency, you can appeal directly to the dean of your school or college for more time to improve.
- You can always try asking instructors for extra credit or makeup assignments. Not all of them will be receptive, but it could be that an extra lab assignment might be enough to save you from dismissal.
Here again, you can count on the attorneys at the Lento Law Firm to work with you to come up with a plan for your particular situation and to help you implement that plan.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team has dealt with everything from plagiarism allegations to rape 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 what the Lento Law Firm can do for you, contact the firm today at 888-535-3686. Or use our automated online form.
