Facing Dismissal from Vanderbilt University

You got into Vanderbilt. That's a major accomplishment. Getting in, though, is only the beginning of your journey. Over the next four years, you'll have to prove yourself all over again to some of the best professors in the country. Oh, and you get to do it while you're trying to sort this whole adulting thing out. Should be easy, right?

The fact is, lots of students don't make it to graduation. They wind up transferring to other, lesser schools or heading straight into the workforce. Vanderbilt dismisses dozens of students each year for everything from plagiarism to disorderly conduct.

Think it can't happen to you? Think again. We all make mistakes, and college students make more than their fair share. Maybe a bad breakup leaves you a little rattled, or you just can't seem to figure out what your Pakistani accounting professor is saying. Maybe you take on one class or one student organization too many and suddenly find yourself a couple of thousand pages behind in your English literature course. It happens.

What do you do when it does?

Generally speaking, the reasons for dismissal at Vanderbilt can be organized into four broad categories: academic misconduct, disciplinary misconduct, sexual misconduct, and poor academic performance. You'll find useful information on how to deal will all four of these below. Whatever type of dismissal you're facing, though, it's never a good idea to try and take on the university all by yourself. So, as a bonus, you'll also find important information about how to get help defending yourself.

Academic Misconduct

Vanderbilt takes classroom dishonesty very seriously. You can understand why. No school wants to develop a reputation for cheating. As a result, the school maintains a strict Honor Code designed to promote integrity and punish anyone trying to take shortcuts to getting their degree.

You're probably already familiar with the Honor Code Pledge: “I pledge to pursue all academic endeavors with honor and integrity.” In practical terms, that means doing all your own work, avoiding plagiarism, never falsifying information, and generally doing nothing that might give you an unfair advantage in completing your coursework.

All accusations of academic misconduct are handled by the school's Honor Council, a body made up entirely of students. Cases typically begin with a thorough investigation conducted by a staff member from the Student Accountability, Community Standards, and Academic Integrity office. The Investigator's report then serves as the centerpiece of a hearing before a six-member panel made up of members of the Honor Council. The hearing affords you an opportunity to offer up evidence in your defense and to call witnesses to testify on your behalf.

You may choose an advisor to accompany you to the hearing. This advisor cannot be an attorney; however, you can consult an attorney as you go through the investigation and prepare for the hearing.

The panel's final decision is based on a legal standard known as “preponderance of evidence.” In simple terms, members must find you “Responsible” (guilty) if they believe it is “more likely than not” that you committed an offense.

According to the Honor Code, “the presumptive penalty for a first offense is failure in the course.” However, particularly egregious offenses can receive suspension or dismissal. Dismissal is even more likely for second offenses.

You do have the right to appeal a Responsible finding to the university's Appellate Review Board, which, like the Honor Council, is also made up of students. However, you must do so within ten days of notification of the outcome. In addition, grounds for appeal are strictly limited to

  • Procedural error
  • Insufficient information to support the finding
  • New evidence
  • A penalty that is too harsh for the nature of the offense

Disciplinary Misconduct

You can also be dismissed from Vanderbilt for conduct that occurs outside the classroom. The school has an extensive policy on Student Accountability that addresses non-academic misbehavior, things like underage drinking, the use of fireworks, and damage to school property.

The Student Accountability office has jurisdiction over accusations of disciplinary misconduct. As in the case of academic misconduct, you have the right to defend yourself, this time at an Accountability Meeting before one or more staff members from the Student Accountability office. Procedures are roughly the same as in academic misconduct cases. That is,

  • You may present evidence and call witnesses.
  • You may be accompanied by a non-attorney advisor, and you may consult an attorney prior to any meetings.
  • Decisions are based on the “preponderance of evidence” standard.
  • You have the right to appeal the Meeting outcome to the university's Appellate Review Board, but only under limited circumstances.

Sexual Misconduct

Sexual misconduct is actually a form of disciplinary misconduct. However, because it is subject to federal law, it is handled under different procedures from other disciplinary misconduct cases.

For instance,

  • All cases are under the purview of the school's Title IX Coordinator.
  • Investigators, Decision Makers, and Appeals Officers are all appointed by the Title IX Coordinator and drawn from a pool of officials who have been specially trained to handle Title IX offenses.
  • You have additional rights in these cases, such as the right to be accompanied by an attorney, the right to raise questions about any investigative report, and the right to cross-examine complainants and other witnesses against you directly.

Otherwise, however, Title IX sexual misconduct hearings work much as other university hearings do. Once again, decisions are based on the “preponderance of evidence” standard, and while you have the right to appeal the finding, you can do so only for very specific reasons, such as the discovery of new evidence.

Sexual misconduct is among the most serious offenses any university student can be accused of. The minimum penalty in such cases is usually suspension. Most students found responsible for violations are expelled.

Academic Performance Issues

Finally, you can also be dismissed from Vanderbilt for failing to meet academic expectations. Vanderbilt's academic standing policy, for instance, requires all students complete—not attempt but complete—at least twelve hours of credit each semester. In addition, students must maintain a cumulative grade point average based on their class standing. Freshmen, for instance, must earn at least a 1.5 GPA. Seniors must earn at least a 2.0.

There are no formal means of challenging a dismissal decision related to academic performance. Such decisions are almost always a matter of objective fact—how many credits you've earned and what grade point you've achieved.

However, there are means of forestalling dismissal in these circumstances. For example, if you have extenuating circumstances that have led to your poor performance, you can file an appeal with the dean of your college requesting extra probation time. Likewise, you can ask professors to reconsider your grades, to take into account, for example, your progress over the course of a semester. Often, raising a single grade will be enough to help you avoid dismissal.

Joseph D. Lento can explain these and other options to you and help you decide which are best in your particular situation.

Fighting for Your Future

Fighting dismissal of any type can seem like a daunting prospect. You have to develop a defense strategy, collect evidence, and talk to witnesses. All of this takes time and energy that, as a student, you just don't have. That doesn't mean you should simply give up and accept your fate. You're never any worse off fighting and losing than you would be just giving up.

More importantly, you don't have to take on your school alone. Joseph D. Lento stands ready to help. Joseph D. Lento built his career 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 negotiate with faculty and administrators; he knows how to formulate witness questions; he knows how to put together a water-tight appeal. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will fight hard 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 Education Law Team, 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.

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