Someone at Utah Valley University has accused you of misconduct, or maybe your grades have fallen, and you've struggled to get them back up. The situation is serious: someone mentioned the possibility that you could be dismissed from the university. What do you do now?
First and foremost, you find out all you can about your situation. Have you been charged with violating a school policy? If your grade point has fallen, what is it, and what can you do to bring it back up?
Next, you investigate the UVU judicial system. What rights do you have? How do you go about defending yourself? Who can you talk to about your situation?
Finally, and most importantly, you get help. You can't afford to handle this situation all on your own. And you don't have to. Attorney-advisor Joseph D. Lento and his Education Law Team are on your side. They know the law, but more importantly, they know how UVU operates. Whatever your situation, they can work with you to come up with a plan for moving forward, help you put that plan into action, and make sure you're treated fairly every step of the way.
Reasons for Dismissal at Utah Valley University
Let's start by talking about just what can get you dismissed at UVU. It turns out that's a long list. However, for the most part, that list can be separated into four basic categories. Know these categories, and you should be prepared to defend yourself no matter what kind of dismissal you're facing.
- Academic Deficiencies: You're a student at UVU, and that means going to class, studying, taking exams, and writing papers. Grades matter. The school's academic standing policy requires you to maintain a 2.0 cumulative grade point average. Should your GPA fall below that number, you'll receive a warning or be placed on probation. If you can't pull it back up, you can also be dismissed.
- Academic Misconduct: UVU also has a long list of rules you're meant to follow. Some of these govern your behavior as a student. For example, you're not supposed to cheat or plagiarize any of your coursework. First offenses probably won't get you expelled. You're more likely to get a lower grade in the course. If your offense is especially serious, though, you could face dismissal. You'll also face dismissal if you should commit a second violation.
- Disciplinary misconduct: Outside of class, your behavior is subject to the school's Student Code of Conduct. This Code prohibits things like trespassing, underage drinking, and weapons possession. Even a first offense can get you dismissed if it's serious enough.
- Sexual misconduct: Dismissal is the most common penalty for sexually-based offenses. These aren't just against school policy but are subject to regulation under Title IX, a federal law.
Defending Yourself from Misconduct Charges
You know what can get you into trouble at UVU. How do you defend yourself if you should make a mistake or find yourself accused of something you didn't do? If you're dealing with a misconduct charge, the school will conduct an investigation, and you'll have a chance to defend yourself at a formal hearing. Here's how those processes generally work.
- Cases typically begin with a complaint. That is, someone makes a formal allegation against you, either to the Student Conduct Office or, in the case of sexual offenses, the Title IX Coordinator.
- If the school decides to pursue the case, it will open an investigation. From the moment this happens, you have some important rights. For example, you are considered “Not Responsible” (innocent) until you are proven “Responsible” (guilty). In addition, you have the right to an advisor, someone to accompany you to all meetings and proceedings. Importantly, this advisor can be an attorney.
- The school will give you a chance to talk with the investigator and give your side of the story. In addition, investigators will speak with the Complainant (your accuser) and any other witnesses to the incident.
- Ultimately, the facts uncovered in the investigation lay the groundwork for the second part of the case: a formal hearing.
- Hearings aren't official civil or criminal proceedings, but they work in the same basic way. You argue for your innocence using evidence and witness testimony. The other side argues for your Responsibility using the same tools.
- Once the hearing is complete, decision-makers must deliberate as to your level of Responsibility. To do this, they use a legal standard known as “preponderance of the evidence.” Basically, if they are more than 50 percent convinced you committed an offense, they are required to find you Responsible.
- You can appeal the hearing outcome, but only in certain circumstances. Grounds for appeal are strictly limited to
- A procedural error
- The discovery of new evidence
- Findings that aren't supported by the evidence
- A sanction that is disproportionate to the offense
Investigation and hearing procedures may differ in small ways depending on the specific nature of your charge. For example, if you've been charged with a Title IX offense, you and the Complainant have the right to question one another during the hearing. You can't do that in other kinds of cases.
Whatever your situation, though, you can count on Joseph D. Lento and his team to be well-versed in all UVU's procedures and to guide you through those procedures from start to finish.
Academic Dismissals
Academic dismissals don't work the same way misconduct dismissals do. This type of dismissal is based on your GPA, and the school doesn't normally regard that as open to debate. There's no investigation, and there's no hearing. In fact, there are no formal ways to challenge an academic dismissal at all.
That doesn't mean you have to accept dismissal if your GPA should fall too low. Joseph D. Lento and his team know a number of informal strategies for protecting you from academic sanctions, including dismissal. For instance,
- If your deficiencies are the result of extenuating circumstances, such as a family emergency, you can appeal to your school or college dean for more time to improve.
- If you've suffered mistreatment in the classroom, you can bring this to the attention of your instructor's department head. You may be entitled to some form of grade relief.
- Should you discover you have an undiagnosed learning disability, you may be able to set aside some of your low course grades and retake those courses with accommodations in place.
Whatever your situation, Joseph D. Lento and his Student Defense Team are committed to making sure you're treated fairly and that you get the very best possible resolution to your situation.
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 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.
