If you've been at the University of Utah for any length of time, you already know: college success is about more than studying hard and making it to class. Sure, grades matter, and if you can't keep your GPA up, you could find yourself looking for another university or heading out onto the job market with no degree at all. Violating school policy, though, can get you into just as much trouble, if not more, than struggling academically.
Here's the bottom line. There are dozens of reasons the University of Utah might try to dismiss you. You need to be prepared to defend yourself from all of them. How do you do that?
- Start by knowing the rules. This can help you stay out of trouble, but it can also be crucial should you find yourself accused of misconduct. You can't hope to defend yourself if you don't really understand the accusations against you.
- You also need to know how the judicial system at the University of Utah works. Is there an investigation? Will you get the chance to make your case at a hearing? What are your rights during these processes?
- Maybe most important of all, you need to know how to get help. You are used to seeing your school as “on your side.” If you're facing dismissal, though, they're actively working against you. That means you need someone else in your corner. The Lento Firm Student Defense Team has helped hundreds of students defend themselves from all sorts of charges. The moment you run into trouble, you owe it to yourself to find out just what they can do for you.
Reasons for Dismissal at the University of Utah
Colleges and universities become stricter every year. There are so many ways to get dismissed we don't have room to mention them all here. For the most part, though, all of them can be grouped into four broad categories.
- Academic Deficiencies: First, you can wind up dismissed simply for failing to keep your GPA high enough. Anything below a 2.0 can earn you Academic Probation, and should you continue to struggle while on Probation, you can also be dismissed.
- Academic Misconduct: Like most colleges and universities, the University of Utah takes cheating, plagiarism, and other forms of academic misconduct extremely seriously. One violation probably isn't enough to get you kicked out of school. Get caught twice, though, and dismissal becomes a real possibility.
- Disciplinary Misconduct: Beyond the classroom, you're expected to abide by the university's community rules. These are collected in Policy 6-400, which deals with Student Rights and Responsibilities. This document includes strictures against everything from vandalism to misuse of university resources to hazing. Any violation can result in dismissal.
- Sexual Misconduct: Sexual misconduct is among the most serious offenses a college student can commit, and it is almost always punished with dismissal. Most cases are subject to Title IX, a federal law that requires colleges and universities to investigate all credible complaints. That law also sets strict guidelines for how schools should conduct investigations.
Defending Yourself from Misconduct Charges
If you're facing dismissal for a misconduct charge, the University of Utah gives you a number of due process rights, such as the right to be presumed “Not Responsible” (innocent), the right to review the evidence against you, and the right to select an attorney to advise you. That's the good news. The bad news is that it's not always easy to know how to use these rights effectively, and it can be difficult to navigate the school's judicial system.
Here's a brief overview of that system.
- Typically, cases begin with a complaint. The school's first job is to decide whether or not that complaint is credible enough to warrant an investigation.
- If the school does open an investigation, you'll have a chance to speak with investigators and give your side of the story. You can also offer up evidence and suggest witnesses investigators should interview.
- Investigations vary in length. If you've been accused of academic misconduct, investigators might simply talk to you and your instructor and look at the documents in question. A Title IX sexual misconduct can involve lots of witnesses and lots of physical evidence. As a result, these can sometimes take several months to complete.
- Once the investigation is complete, the school sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
- At the hearing, both sides have the chance to present their cases. You may debate the evidence and call witnesses. You may also raise questions for any witnesses against you.
- At the conclusion of the hearing, decision-makers must decide whether or not you committed an offense. They use a legal standard known as “preponderance of the evidence.” According to this standard, you are Responsible (guilty) if it seems “more likely than not” that you violated policy.
- You can appeal the hearing outcome, but not merely because you disagree with it. Appeals must be based on one of three criteria:
- New evidence
- Procedural error
- A sanction that is disproportionate to the offense.
These procedures can vary depending on the specific nature of the charge. In Title IX sexual misconduct cases, for example, both sides have the right to cross-examine one another directly. The Lento Law Firm Education Law Team is well-versed in all of the University of Utah's judicial processes, though, and can not only guide you through those processes but help you use them to your advantage.
Academic Dismissals
Dismissals for academic cause don't work like dismissals for misconduct. For one thing, they're usually automatic. The moment your GPA falls too low, a computer takes note and sends you an email. There's no investigation, and there's no chance to make your case at a hearing.
Luckily, The Lento Law Firm Education Law Team knows a number of useful strategies for combating this type of dismissal as well. For example,
- You can try negotiating with your instructors. If, for instance, your final exam score was particularly high, you might argue that score should be used as your course grade.
- If your low grades are the result of some extenuating circumstances, you can appeal directly to your college or school dean. If you suffered a serious illness or had to deal with a family emergency, you might be entitled to more time to improve.
- If you should discover you have a previously undiagnosed learning disability, you can ask the school to drop low grades from your transcript and let you retake those classes.
As with misconduct dismissals, the Lento Law Firm and their Education Law Team are experienced at helping students, just like you, develop the best plan for their situation and put that plan into effect.
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 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 The Lento Law Firm Education Law Team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
