You made it into the University of Texas at Austin. That's no small feat in and of itself. You've proven you're smart, dedicated, and disciplined. Now all you have to do is graduate, and you can look forward to a successful career. Easy-peasy, right?
You probably already know by this point that nothing about college is easy. No matter how well you did in high school or what score you managed to make on the SATs, this is a whole new ball game. Courses are rigorous; professors are demanding; heck, just trying to find a place to park will make your head spin. There's a lot that can go wrong in four years, and UT Austin isn't always as understanding as it could be when bad things happen. Each year dozens of students find themselves dismissed from the university for everything from low grades to sexual misconduct allegations.
Below, you'll find information on all the various reasons why UT Austin might try to dismiss you. More importantly, though, you'll also find information on how to get help if you're facing dismissal. Don't kid yourself: college can be challenging. You don't have to get through it all on your own, though.
Reasons for Dismissal at UT, Austin
While there are many reasons UT might decide to dismiss you, for the most part, they can be grouped into four categories.
- Academic Performance: First, you can be dismissed for simply failing to perform academically. You were smart enough to get into UT, but the school expects you to continue to demonstrate those smarts. If your cumulative grade point should fall below 2.0, you'll find yourself on academic probation. If you can't bring it up while on probation, you'll very likely be expelled from the university.
- Academic Misconduct: UT takes academic integrity very seriously. Plagiarize in a paper, use unauthorized materials during a test, or falsify data on a lab exercise and you could fail an assignment, fail a course, or even find yourself dismissed from UT altogether.
- Disciplinary Misconduct: You aren't just held to high standards in the classroom. UT, Austin also expects you to be a well-behaved, productive member of the campus community. In addition to prohibitions against academic misconduct, the school catalog contains a long list of behavioral misconduct, everything from weapons possession to hazing. These, too, can get you dismissed.
- Sexual Misconduct: There is perhaps no more serious charge a college student can face than an allegation of sexual misconduct. Such misconduct is not simply a matter of school policy; it is prohibited by federal law. The minimum punishment in such cases is usually suspension. However, dismissal is the far more likely outcome.
The Adjudication Process
Just because you've been accused of breaking a rule at the University of Texas doesn't mean dismissal is a foregone conclusion. No matter what type of dismissal you're facing, you have the right to a thorough investigation, and you have the right to defend yourself at a formal hearing.
- Cases normally begin when someone lodges a formal complaint against you with the Dean of Students' office. The exception is sexual misconduct accusations, which are handled by UT's designated Title IX Coordinator.
- An accusation is followed by an investigation. Often, the most important element of the investigation is your interview. It's your chance to give your side of the story. However, Investigators may also collect physical evidence and interview other witnesses.
- Once the investigation is complete, the material investigators collected becomes the foundation of a formal hearing.
- Hearings are overseen by one or more Decision Makers who direct proceedings and determine whether or not you are responsible for a misconduct violation.
- At the hearing, you may make arguments, present evidence, and call witnesses to testify on your behalf.
- In all cases, you have the right to choose an advisor to help you through the process, and this advisor may be an attorney.
- At the end of the hearing, decision-makers use a legal standard known as "preponderance of evidence" to decide whether or not you are Responsible for a violation. This standard requires they find you Responsible if they believe it is "more likely than not" that you committed an offense.
- If you're found Responsible, decision-makers must also assign an appropriate sanction.
While all cases follow this basic outline, there are some differences, especially between general misconduct cases and sexual misconduct cases. The latter is governed by federal law, which gives you a number of important rights you might not get in the former. For example, in sexual misconduct cases, you have the right to review the investigative report and suggest revisions before it is used at the hearing. You also have the right to cross-examine the Complainant during the hearing.
It's not always easy to navigate the complexities of an investigation and hearing. You do have rights, but if you don't fully understand them, you may not be able to use them to your full advantage. Retaining counsel from an experienced attorney like Joseph D. Lento provides you with the best chance of successfully defending yourself.
Appeals Processes
In addition to the right to a hearing, UT, Austin also gives you the right to appeal dismissal decisions. However, there are time limits on filing such appeals. In academic and disciplinary misconduct cases, you must file within five days of learning the hearing outcome. In sexual misconduct cases, you have ten days to file.
In all cases, there are also restrictions on reasons for filing an appeal. These include
- The discovery of new evidence
- A procedural error in the investigation or hearing
- A sanction that is disproportionate to the offense
- Bias on the part of an investigation or hearing official
Academic Dismissal Cases
We haven't yet mentioned how to respond to dismissals for academic distress. That's because these cases aren't normally reviewable. Instead, they're based solely on whether or not you have met the university GPA requirement.
That doesn't mean there are no options in these cases. You may be able to negotiate with a professor for extra credit, for instance. Even if you are ultimately dismissed, UT provides a process for reinstatement. Again, this process can be complex, but Joseph D. Lento knows all the rules and procedures and can help you gather materials and present your strongest case.
Fighting for Your Future
Most students find fighting dismissal a daunting proposition. Developing a defense strategy, collecting evidence, and talking to witnesses—take time and energy that most students just don't have. So, they wind up simply accepting their fate and moving on, maybe to a less prestigious school, maybe into the workforce. You're never any worse off fighting and losing, though, than you would be just giving up.
More importantly, you aren't on your own. Joseph D. Lento is here to help. Joseph D. Lento built his practice helping students just like you handle all types of misconduct charges. He's dealt with everything from plagiarism allegations to rape charges. He knows how to put together a water-tight appeal; he knows how to formulate witness questions; he knows how to negotiate with faculty and administrators. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will do everything in his power to get you the very best possible resolution to your case.
If you or your child is facing dismissal or have already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
