Facing Dismissal from the University of South Carolina

If you've been at the University of South Carolina for more than a minute, you know there's a lot that can go wrong. College isn't just about going to class and taking tests. USC keeps a close watch on all your activities, on campus and off, and you can be dismissed for any one of a dozen different reasons, from plagiarizing a term paper to getting into a fistfight with another student.

How do you stay out of trouble? You make sure you know the rules. Just what is it that can get you dismissed, and how do you avoid making the most serious kinds of mistakes?

Here's the thing, though: sometimes, despite your best efforts, trouble can come looking for you. So, you also want to find out all you can about the judicial process at your school. Is there an investigation if you're accused of a rule violation? Will you get a chance to tell your side of the story?

Finally, and most importantly, you make sure you know how to get help if you need it. Taking on a university is no easy matter, and you don't want to do it all on your own.

Attorney-advisor Joseph D. Lento and his Education Law Team are on your side. They know the law; they know the USC system, and they're prepared to use what they know to make sure you're treated fairly and that you get every opportunity to earn your degree.

Reasons for Dismissal at the University of South Carolina

There are actually so many reasons that USC can dismiss you that we can't list them all here. What we can do, though, is give you a list of the major categories of offense. That should give you enough information to avoid most problems.

  • Academic Deficiencies: Your first concern as a student should be to meet academic expectations. USC maintains a strict Academic Standing policy. Consistently low grades can get you put on Probation, and should you continue to struggle while on Probation, you can be Dismissed from the university entirely.
  • Academic Misconduct: You can also be dismissed for violating the school's Honor Code—for cheating, plagiarizing, or falsifying your work. First offenses are usually handled with in-class sanctions like grade penalties. Multiple and serious offenses, though, often lead to dismissal.
  • Disciplinary Misconduct: You can also be dismissed for your conduct outside the classroom. The Code of Conduct contains prohibitions against things like public intoxication, threats of violence, and property damage. Any violation can potentially result in dismissal.
  • Sexual Misconduct: These are among the most serious kinds of offenses and almost always result in dismissal. In fact, sexual misconduct isn't just a matter of school policy; it's regulated by federal law (Title IX).

Defending Yourself From Misconduct Charges

The University of South Carolina provides all students with important due process rights. That means any time you're accused of violating policy, you have the opportunity to defend yourself. Here's how that process typically works.

  • All cases begin with a complaint to the appropriate office, either the Office of Student Conduct and Academic Integrity or the Title IX Coordinator's office.
  • If the school initiates an investigation, it should provide you with Notice of the Charges. This document details the allegation and lists your due process rights.
  • Among your rights, you're entitled to select an advisor, and this advisor can be an attorney. Attorney-Advisor Joseph D. Lento and his team can't speak for you at meetings and proceedings, but they can accompany you and offer advice.
  • The first part of the case is an investigation. You should be invited to meet with investigators and give your side of the story. Of course, investigators will meet with the Complainant (your accuser) as well and collect any physical evidence.
  • At the conclusion of the investigation, investigators submit a written summary of their findings. The school then sets a time and date for a hearing and appoints one or more decision makers (Carolina Judicial Council or Title IX Resolution Officer) to preside over this hearing.
  • At the hearing, both sides have the opportunity to make their cases. You may present evidence and call witnesses. You may also ask questions of any witnesses against you.
  • Cases are ultimately decided using a legal standard known as “preponderance of the evidence.” In simple terms, decision-makers must find you Responsible (guilty) if they believe you “more likely than not” committed the offense.
  • You have a limited right to appeal the hearing outcome. Grounds for appeal include
    • The discovery of new evidence
    • Procedural error
    • Clear bias on the part of a decision maker

It's important you know that cases can differ in small but important ways depending on the specifics of the allegations. For instance, if you're charged with Title IX sexual misconduct, you have the right to cross-examine the Complainant. Otherwise, both sides have the right to remain silent throughout any hearings.

Fortunately, Joseph D. Lento and his Student Defense Team are well-versed in all of USC's judicial procedures. They know what to expect and can help you navigate the system.

Academic Dismissal Cases

Academic dismissals are considerably different from misconduct dismissals. They're based almost exclusively on your grade point average. That means there are no investigations and no hearings. In most cases, dismissal is automatic.

That doesn't mean you have no options. Even in these cases, there are ways to protect yourself.

  • Extenuating circumstances—a serious illness, for instance, or a family crisis—can be grounds for immediate reinstatement following a dismissal. You can file an appeal with your school or college's petition committee.
  • If you suffer from a disability, you may be entitled to course accommodations, like extra time to complete assignments. If your instructor doesn't grant you these accommodations, you can appeal your grade to Disability Services.
  • Some faculty are willing to assign extra credit or makeup work, especially to students whose grades are already borderline. This can be the simplest way to improve your GPA.

Fighting for Your Future

By this point, you probably 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 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.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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