If you're facing dismissal, you need answers, and you need them now. Will there be an investigation? Will you have a chance to confront your accuser? Does the school have to find you guilty “beyond a reasonable doubt” in order to expel you?
The Lento Law Firm Student Defense Team has answers to all of these questions, but we can do more than just answer questions. We can help you defend yourself. Taking on your university is never an easy proposition, and when your entire education future is on the line, the process can be even more stressful. The Lento Law Firm Team attorneys have the background and experience to help you navigate the Weber State judicial system from the moment you've been accused until you've exhausted your last appeal. We're on your side, we believe in you, and we're here whenever you need us.
Reasons for Dismissal from Weber State
We'll start with the basics. Weber State can dismiss you for dozens of different reasons, but all of them can be collected into four basic categories.
- Academic Deficiencies: Of course, the most obvious reason Weber State might dismiss you is for failing to keep up academically. The university's academic standing policy requires you to maintain a minimum 2.0 GPA. Falling below this number won't get you expelled, but if you consistently struggle, you can eventually be asked to leave.
- Academic Misconduct: There are no shortcuts to keeping your GPA above that 2.0 mark. Cheating, plagiarism, and all other forms of academic misconduct are expressly forbidden by the WSU Academic Misconduct policy. Here again, one mistake probably isn't enough to get you expelled. You can certainly be dismissed for second offenses, though.
- Disciplinary Misconduct: Your general campus conduct is under just as much scrutiny as your coursework. The Student Code of Conduct contains strict rules against things like underage drinking, trespassing, and theft. In this case, even a first offense could get you dismissed if the allegation is serious enough.
- Sexual Misconduct: Though this is technically a type of disciplinary misconduct, it is treated as its own category of offense. Partly, this is because sexual misconduct is subject to regulation by the federal government (Title IX). In addition, though, it's because these offenses are so serious that the penalty is almost always dismissal.
Defending Yourself from Misconduct Charges
Weber State does not outline the specific process for defending yourself from misconduct charges. However, the Student Code of Conduct affirms the university's dedication to providing all accused students with due process. Here's what you can expect from that process.
- Cases begin when someone—an instructor, a staff member, or another student—makes an allegation against you.
- If the university decides to proceed with the complaint, it will issue you Notice of the Charges. This notice will apprise you of your rights and offer important details about the allegation itself.
- You have a number of important rights, such as the right to a presumption of “Not Responsible” (innocence). One of the most important of these rights is the right to an advisor, someone to help you prepare your case and to accompany you to meetings and official proceedings. At Weber State, this advisor can be an attorney.
- You can expect the university to conduct some form of investigation, even if that simply means your instructor reviewing your coursework to decide if you've cheated. As part of the investigation, investigators will invite you to give your side of the story. They'll also interview the Complainant (your accuser). Finally, they'll gather any physical evidence and talk with potential witnesses.
- The investigative findings become the foundation of the next phase of the case—a hearing. Once the findings are submitted, the school sets a time and date for this hearing and appoints one or more decision-makers to judge the case.
- The hearing is your best opportunity to put forward your entire defense. You may submit evidence, call witnesses to testify, and cross-examine witnesses against you. The Complainant can do the same.
- Campus judicial cases are decided using a legal standard known as “preponderance of the evidence.” This standard is far weaker than “beyond a reasonable doubt” and allows decision-makers to find you Responsible if they believe you “more likely than not” committed an offense.
- One of the last of your due process rights is the right to appeal the hearing outcome. Grounds for appeal are strictly limited, though, and include things like the discovery of new evidence, a procedural error, or bias on the part of a decision maker.
While this general outline applies to all judicial cases at Weber State, specific rules and procedures can differ depending on the exact nature of the charges. For example, while academic and disciplinary misconduct issues are typically under the purview of the Dean of Students, all sexual misconduct cases are handled by the school's Title IX Coordinator.
Again, though, you are entitled to an advisor, who may be an attorney. Whatever charges you're facing, you can expect the attorneys at the Lento Law Firm to know exactly how the process works and how to use all your rights to your best advantage.
Academic Dismissals
Academic dismissals are considerably different from misconduct dismissals. Perhaps the most important difference is that there are no formal procedures for challenging an academic dismissal. These cases have to do with grades and your GPA, and Weber State does not consider those matters of debate.
That doesn't mean you have simply to accept an academic dismissal. Even in these cases, the Student Defense Team at the Lento Law Firm knows ways to avoid dismissal.
- Some faculty, for instance, are open to negotiation. You might ask for extra credit or makeup assignments. Or, you might offer a more sophisticated argument. If your final exam score was particularly high, for example, you might ask your instructor to use it as your overall course grade.
- If your academic deficiencies are the result of extenuating circumstances—a hospital stay, for example, or a death in the family—you can appeal directly to the dean of your school or college for more time to improve.
- If you have a learning disability, you may be entitled to course accommodations like extra time to complete assignments. If you don't receive those accommodations, you are entitled to file a grade appeal, even if you didn't know you had a disability at the time you took the course.
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 Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm Team can do for you, contact us today at 888-535-3686 or use our automated online form.
