Very few people make it through college completely unscathed. It's tough, and we're not just talking about biology and chemistry. You're under intense pressure to succeed, you're still learning to adult, and your every move is being scrutinized. In fact, every year, UMass, Amherst dismisses dozens of students for everything from low GPA to plagiarism to vandalism. The goal is to avoid becoming one of them.
If you're facing dismissal for any reason, you should know: National Student Defense attorney-advisor Joseph D. Lento and his Education Law Team is here to help. They understand what you're up against. They also know how your university operates. They know the rules, they know the processes and procedures, and they're ready to put that knowledge to work for you.
Reasons for Dismissal at UMass, Amherst
There are many reasons the University of Massachusetts, Amherst, can dismiss you. For the most part, though, these can be grouped into four basic categories.
- Academic Performance: You came to UMass, Amherst, to study, and the school will hold you to that. According to the academic standing policy, you must maintain at least a 2.0 cumulative grade point average. Otherwise, you can wind up on probation and eventually be dismissed from the university entirely.
- Academic Misconduct: The university also expects you to adhere to the highest standards of academic integrity as you earn your degree. The Integrity Policy specifically forbids plagiarism, cheating, and fabrication, but any act of dishonesty is considered a violation. Egregious and repeat offenses are subject to dismissal.
- Disciplinary Misconduct: Outside of class, your behavior is regulated by the Code of Student Conduct. Here you'll find rules relating to everything from how you treat your dorm room to when and where you're allowed to drink. Any violation can result in dismissal. Some, such as drug possession, hazing, and assault, almost always garner dismissal.
- Sexual Misconduct: Another offense that almost always results in dismissal is sexual misconduct. Such offenses aren't just violations of school policy but under Title IX of federal law. As a result, schools take accusations seriously, pursue cases zealously, and punish offenders harshly.
Misconduct Procedures
No matter what type of misconduct you've been accused of committing, you have the right at UMass, Amherst, to a full investigation and to defend yourself at a formal hearing. Procedures vary somewhat depending on your specific charges. However, the overall process is generally the same in all cases.
- Cases begin with an allegation to the Academic Honesty Committee, the Student Conduct and Community Standards Office, or the Title IX Coordinator.
- You have the right to an advisor. In some cases, this advisor can be an attorney. In no case, however, can an advisor speak for you.
- If the school decides to pursue the case against you, it conducts an investigation. Some investigations are simple and require nothing more than interviews with both parties. Others can be complex, involving witness interviews and the collection of physical evidence.
- The investigative findings ultimately become the foundation of a formal hearing.
- At the hearing, both sides have an opportunity to present their cases. You may offer evidence and call witnesses. In addition, you may ask questions of the Complainant (your accuser) and any witnesses against you.
- At the end of the hearing, decision-makers deliberate as to whether or not you are Responsible for (guilty of) a violation. In making their decisions, they use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible if they are more than 50 percent convinced you committed an offense.
- You have the right to appeal the hearing outcome. However, grounds for appeal are limited to new evidence, procedural error, or, in the case of sexual misconduct cases, bias on the part of a Title IX official.
The differences between how different cases can sometimes be small, but they can have a large impact. For instance,
- In academic misconduct cases, you're allowed an advisor, but this advisor cannot be an attorney. You are allowed an attorney, though, in both disciplinary and sexual misconduct cases.
- Respondents in sexual misconduct cases have some rights not granted. Respondents in other types of cases. Among these, you have the right to review the Investigative Report before the hearing and to suggest changes.
- Appeals in academic and disciplinary misconduct cases must be filed within five days of learning the hearing outcome. Parties in sexual misconduct cases have ten days to file appeals.
Whatever kind of charge you're facing, Joseph D. Lento and his Education Law Team are familiar with the rules and procedures and can help you to navigate the process.
Academic Dismissal Cases
Dismissals for academic deficiencies work somewhat differently than those for misconduct. Even so, UMass, Amherst does offer some processes for defending yourself. If you've struggled because of extenuating circumstances such as an illness or a family emergency, you can appeal directly to the dean of your college for additional probation time. Or, if you should be dismissed, you can ask the dean for immediate reinstatement.
Joseph D. Lento and his Education Law Team know other, less formal options for forestalling dismissal as well. They can offer you advice on how to approach faculty and coaching on how to negotiate for higher grades. They can help you gather evidence and put together appeals documents. Whatever your situation, they know exactly how to get you the very best possible resolution to your case.
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 be against you. Plus, it's no exaggeration to say that your entire future is on the line. You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
Joseph D. Lento's practice is built on helping students just like you handle all types of misconduct charges. He and his Education Law Team have dealt with every sort of charge. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. Most importantly, no matter what problem you're facing, they are on your side and will do everything in their power to get you the very best possible resolution to your case.
To find out more about what Joseph D. Lento and his Education Law Team can do for you, contact the Lento Law Firm today at 888-555-3686 or use our automated online form.
