If you're facing dismissal from your university, you need to know: the situation is serious. It's not just that you could lose all the hard work you've put in up to now. With a dismissal on your record, it may be tough to find another school to accept you. Your academic career could effectively be over, and you know what the job market is like for employees with no college education.
The good news is, you don't have to face this situation alone. The Lento Law Firm is dedicated to the proposition that you deserve an education, even if you've made a mistake or two along the way. Joseph D. Lento and his Education Law Team know the law, and they are familiar with how the University of South Florida operates. Whether you've been accused of sexual assault or you're simply struggling to keep your GPA up, you owe it to yourself to find out what they can do for you.
Reasons for Dismissal at the University of South Florida
There are dozens of reasons why USF might try to dismiss you, too many, in fact, to list them all here. However, almost all of them can be grouped into one of four categories.
- Academic Deficiencies: First, you can be dismissed simply for failing to keep your GPA up. The school's academic standing policy requires you to maintain at least a 2.0 cumulative GPA. You won't be kicked out just for falling below that number, but you will be placed on probation, and if you can't improve while on probation, you can be dismissed.
- Academic Misconduct: Dishonesty is another reason for dismissal. The USF Academic Integrity policy prohibits any action that might give you an unfair advantage as a student. That includes cheating, plagiarism, note-sharing, and contract cheating. Again, a first offense doesn't normally lead to dismissal. Multiple offenses often do, though.
- Disciplinary misconduct: Your behavior outside of class is subject to just as much scrutiny as your behavior in class. The university's Student Code of Conduct lists offenses such as underage drinking, property damage, and gambling. Any violation of the Code can result in dismissal. Some offenses, like hazing and drug possession, are almost always punished with dismissal.
- Sexual misconduct: Sexually-based offenses like stalking, dating violence, and rape are typically punished with dismissal as well. In fact, such misconduct isn't just a violation of school policy but under Title IX of federal law.
Defending Yourself from Misconduct Charges
If you've been accused of misconduct at the University of South Florida, you have the right to due process. In other words, the school can't simply kick you out. There are rules and procedures in place that allow you to defend yourself.
Academic and disciplinary misconduct that could potentially be sanctioned with dismissal is subject to the same investigation and adjudication processes.
- Cases begin with an official referral to the Student Conduct and Ethical Development (SCED) office. If the SCED decides to pursue the case, it will issue you notice of the charges.
- You have a number of rights during the process, including the right to an advisor. This advisor can be an attorney, and they can represent you in all aspects of the investigation and hearing.
- A Hearing Officer is assigned to the case. They meet with you to hear your side of the case. In addition, they may gather evidence related to the case and interview other witnesses.
- The Hearing Officer then sets a time and date for a formal hearing into the matter. You have the right to choose an administrative hearing conducted by a single Officer or a University Conduct Board hearing, heard by at least two students and one faculty member.
- At the hearing, you have the opportunity to present evidence and call witnesses. In addition, you may cross-examine any witnesses against you.
- At the conclusion of the hearing, decision-makers must determine whether or not you are responsible for a policy violation. In reaching this decision, they use a legal standard known as “preponderance of the evidence.” Simply put, they must find you Responsible (guilty) if they believe it is more likely than not that you committed an offense.
- You can appeal the hearing outcome to a designated Appellate Officer. However, appeals are only heard in the case of
- A violation of due process rights
- The discovery of new evidence
- An overly severe sanction
Because they are subject to federal law, Title IX sexual misconduct cases work somewhat differently from other kinds of misconduct cases. For example, they are handled by the school's Title IX Coordinator rather than the SCED. Investigations are mandated. Cross-examination must be conducted by advisors. You and the Complainant have the right to question one another.
Know this, though: Joseph D. Lento and his Education Law Team are familiar with all of USF's judicial rules and procedures. No matter what type of allegation you may be facing, they can help you prepare and present your case.
Academic Dismissals
Academic dismissals aren't subject to investigations and hearings the way misconduct dismissals are. In general, USF assumes that because such dismissals are based on objective fact—your GPA—there's no need to debate whether or not action is warranted and justified.
The thing is, these dismissals aren't as cut and dried as they might seem. Often there are legitimate reasons why a low GPA shouldn't automatically result in expulsion. Luckily, Joseph D. Lento and his team know a number of useful strategies for dealing with this type of dismissal as well. For example,
- If your academic deficiencies are the result of extenuating circumstances—a serious illness, for example, or a family emergency—you can try appealing to the dean of your school or college for more time to raise your GPA.
- Some instructors are open to the possibility of makeup or extra credit assignments. If your grade is borderline, some additional work on your part could be enough to raise your GPA.
- If you discover you have an undiagnosed learning disability, you may be able to drop some grades from your GPA and re-take the courses with accommodations.
Your advisor may not tell you about these options. They may not even know about them. Joseph D. Lento will always make sure you are fully informed.
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.
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.
