It's no easy task getting through college. There are classes to attend, papers to write, and tests to pass. Meanwhile, your every action is scrutinized, from who you decide to invite into your dorm room to what kind of subjects you decide to look up on your computer. There are policies about cheating, policies about alcohol consumption, policies about drug usage, residence life policies, dining hall policies...it's enough to make your head spin. Is it any wonder, with all those myriad rules and regulations, that the University of Denver dismisses dozens of students every year?
Joseph D. Lento and his Education Law Team want to make sure you're not one of them. The Lento Law Firm was built on defending students from all types of misconduct charges. They work every day to make sure students are treated fairly and given all the rights they deserve. They believe in you, and they believe you should have every reasonable opportunity to earn your degree. If you're facing dismissal for any reason, you owe it to yourself to find out just what they can do for you.
Reasons For Dismissal at the University of Denver
There are actually so many different reasons the University of Denver can decide to dismiss you that we can't list all of them here. Luckily, they can be grouped into four basic categories.
- Academic Misconduct: As you might expect, the University of Denver expects you to earn your degree honestly. In fact, the very first set of rules listed in the school's Honor Code has to do with academic misconduct. Again, the list is long. It includes plagiarism, cheating, multiple submissions, and anything else that might give you an unfair advantage in completing your degree. Minor violations usually come with minor consequences: a lowered grade on an assignment or maybe a lower grade in the course. Major violations, though, and all repeat offenses can result in dismissal.
- Disciplinary Misconduct: The Honor Code goes on to talk about non-academic violations as well, collectively referred to as disciplinary misconduct. These rules have to do with all your many activities outside of class. The Code includes prohibitions against everything from fireworks possession to unauthorized entry into a campus building. Any violation can potentially get you dismissed. Some offenses, though, like hazing and drug possession, are almost always punished with dismissal.
- Sexual Misconduct: Sexual misconduct offenses also almost always garner dismissal. While these offenses are technically a form of disciplinary misconduct, they are subject to federal regulation (Title IX) and so are generally treated under a separate policy.
- Academic Performance: Of course, you came to UD to be a student, and so you can also expect that the school will hold you to academic standards. If your cumulative GPA should fall below 2.0, for instance, you can be placed on probation, and if you continue to struggle while on probation, you can be suspended or dismissed.
Defending Yourself From Misconduct Charges
If you're dealing with a misconduct charge—any kind of misconduct charge—you should know that you have the right to defend yourself. How you go about doing that may differ depending on the specific nature of the charge. For example, academic and disciplinary misconduct allegations are handled by the Office of Student Rights and Responsibilities. Sexual misconduct allegations, on the other hand, are dealt with by the school's Title IX Coordinator.
Ultimately, all cases work in essentially the same way, though.
- A case typically begins when someone registers a complaint. In campus judicial systems, the injured party is referred to as the Complainant; the accused is referred to as the Respondent.
- Respondents have a number of important due process rights. Among these, you have the right to an advisor, and that advisor can be an attorney.
- The school will conduct some form of investigation. This can be as simple as separate meetings with the two sides in the case. It can also be complicated. Sexual misconduct (Title IX) investigations often involve the collection of physical evidence and witness interviews and can take weeks or even months to resolve.
- At the end of the investigation, the Investigator submits a written summary of their findings. This then becomes the foundation for a formal hearing.
- At the University of Denver, sexual misconduct hearings are actually called hearings. Academic and disciplinary misconduct proceedings are called Case Resolution Meetings. However, procedures are generally the same. You may make arguments, submit evidence, and call witnesses.
- All cases are decided using a legal standard known as “preponderance of the evidence.” This standard requires decision-makers to find you Responsible (guilty) if they believe it is “more likely than not” that you committed an offense.
- Finally, you can appeal the hearing outcome, but only under certain limited conditions. These include the discovery of new evidence, the existence of procedural errors, a conflict of interest on the part of a decision maker, or a sanction that is disproportionate to the offense.
There are some minor differences in how cases proceed, particularly when it comes to sexual misconduct. In those cases, for instance, you have a special right to cross-examine the Complainant and any other witnesses against you. Joseph D. Lento and his Education Law Team are well-versed in all of the University of Denver's procedures, though, and can advise you on exactly what you'll face.
Academic Dismissal Cases
Academic dismissal cases don't work much like misconduct dismissal cases. This is primarily because the issues leading to dismissal are usually cut and dried. Either your GPA is high enough, or it isn't. There is a process for appealing dismissal, but it is extremely limited. Essentially, you must be able to show that the decision was based on an egregious error or some kind of prejudicial treatment.
There are many informal ways to deal with the threat of dismissal, though. For instance, if your situation is the result of extenuating circumstances—a family emergency or a serious illness—you can appeal directly to the dean of your school or college. If you have a disability, you may be entitled to some modified form of grading. Or, you might be able to negotiate directly with an instructor for a better grade.
Again, Joseph D. Lento and his Education Law Team have experience dealing with all types of dismissals. They can help you gather evidence for an appeal; they can help you decide how best to approach a professor. The most important aspect of any defense is deciding on a plan of action that is specific to the problem at hand. Joseph D. Lento and his Team will help you develop an approach that works for you and your particular situation.
Fighting For Your Future
By this point, you should have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you. Plus, it's no exaggeration to say that your entire future is on the line. You're facing dismissal, and you know what happens to people who go into the workforce with no college degree.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Joseph D. Lento law firm was built on helping students just like you handle all types of misconduct 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 exactly what Joseph D. Lento and his Team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
