There's not much that can happen to you at college that's worse than dismissal. Dismissal, in and of itself, is a serious disruption to your studies. At a minimum, it means giving up the progress you've made at the University of Memphis. It could very well mean the end of your academic career entirely. The thing is, dismissal always includes a transcript notation about the nature of your offense. You won't find too many colleges and universities willing to accept you after UM has dismissed you. In simple terms, you'll be heading out onto the job market—and paying any student loans—without a college degree.
You don't have just to accept dismissal, though. You always have the option to fight, and you're never going to be any worse off for doing so.
You don't want to take on a university on your own, though. Procedures can be complex, and with so much at stake, you just can't take chances. You need an attorney from the Lento Law Firm. The Lento Law Firm's Student Defense Team was created to help students get the fair treatment they deserve and the best possible chance to earn their degrees.
What can we do for you? Call to find out at 888-535-3686, or take a few minutes now and fill out our online questionnaire.
Reasons for Dismissal from the University of Memphis
Let's start with the basics: just what is it that can get you dismissed from the University of Memphis? Know this, and you'll know what to avoid. You'll also be well-prepared any time a university official tries to initiate dismissal proceedings.
- Poor Academic Performance: Probably the most obvious reason UM might dismiss you is for failing to keep your grades up. The university has an academic standing policy that requires students to keep a minimum of 2.0 term and cumulative GPAs. Anything below that means you're subject to a Warning and then Probation. If you continue to struggle while on Probation, you can ultimately be dismissed as well.
- Academic Misconduct: You can also be dismissed for academic misconduct such as cheating or plagiarism. Here again, one offense probably isn't enough to get you dismissed. Commit multiple offenses, though, and dismissal is a definite possibility.
- Disciplinary Misconduct: As you might expect, serious misbehavior can get you dismissed. The Student Code of Rights and Responsibilities contains rules about things like underage drinking, trespassing, and theft. Many offenses, such as weapons possession and hazing, can lead to dismissal.
- Sexual Misconduct: This offense almost always results in dismissal. Sexual misconduct is not just a violation of school policy, but under Title IX, it's a violation of federal law. Schools are required to investigate all credible complaints and are encouraged to issue harsh punishments.
Misconduct Procedures
If you've been charged with misconduct, whether academic, disciplinary, or sexual, you are entitled to an investigation and a hearing. In addition, the University of Memphis provides you with some important due process rights as you defend yourself. Here's how the process generally works.
- A case usually begins with a complaint lodged either with the Office of Student Accountability or, in the case of Title IX sexual misconduct, the Title IX Coordinator.
- The university must issue you a Notice of the Charges. This Notice should include a description of the allegations against you and a list of all your due process rights.
- Perhaps your most important right is the right to an advisor, someone to help you prepare your case and accompany you to meetings and proceedings. Crucially, this advisor can be an attorney. While your Lento Law Firm attorney cannot speak for you, they can be on hand to advise you on how to respond.
- The case then moves into an investigation. Investigators most often begin by meeting separately with both sides in the case. In addition, they collect physical evidence and talk with any witnesses.
- Ultimately, investigators must complete a written summary of their findings. Once they've submitted this summary, the university sets a time and date for an official hearing and appoints one or more decision-makers to preside over this hearing.
- At the hearing, you may present the full case for your innocence. For instance, you may submit evidence and call witnesses to testify. In addition, you may raise questions for any witnesses against you. Of course, the other side in the case has these same rights.
- Once both sides have made their cases, decision-makers then use a legal standard known as "preponderance of the evidence" to determine whether or not you are Responsible for (guilty of) an offense. This standard requires them to find you Responsible if they are more than fifty percent convinced you violated policy.
- The hearing isn't necessarily the end of your case. You do have the right to appeal the hearing outcome if it goes against you. Grounds for appeal are strictly limited, though, to procedural error, the discovery of new evidence, or an allegation of personal bias on the part of a decision maker.
While all cases follow these procedures, they can differ in other ways depending on the nature of the charges. For example, both sides in a Title IX sexual misconduct case have the right to cross-examine each other. In other types of cases, Respondents and Complainants do not have to testify or respond to questions.
You can count on your Lento Law Firm attorney to be familiar with all the rules and procedures in your case. They've worked on hundreds of campus judicial cases and know how to use the system to your advantage.
Academic Dismissal Cases
Academic dismissal cases are a bit different from misconduct cases. The issue in these cases is your GPA, and that's not normally subject to review. There's no investigation and no hearing, so there's no real opportunity to defend yourself.
However, you do have options, even in these cases. The attorneys at the Lento Law Firm know a number of strategies to help you avoid academic sanctions, including dismissal. For example,
- If you've been dealing with extenuating circumstances, like a serious bout of depression or a death in the family, you can appeal directly to your school or college dean for more time to improve.
- If you should discover you have a previously undiagnosed learning disability, you can petition the university to drop low grades from your GPA and allow you to retake those courses without penalty.
- You can always try asking instructors for makeup or extra credit assignments. You may have to accept an Incomplete while you finish these assignments, but an “I” doesn't count against you the way “D”s and “F”s do.
Fighting for Your Future
By this point, it should be abundantly clear why trying to defend yourself from dismissal is always a dangerous proposition. It's no easy task taking on a university, and the stakes are incredibly high. Luckily, you don't have to go it alone. The Lento Law Firm was built to help students. Our Student Defense Team can also be fierce when it comes to protecting our clients, and we're not afraid of faculty and administrators.
Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, use our online form.
