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Dismissal is serious business at Florida SouthWestern State College. The school is trying to end your academic career, and you can’t just transfer your way out of the situation. If you try to leave, FSW will try you in absentia. And if you’re found Responsible for (guilty) of an offense, your transcript will forever carry a record of it. That is usually enough to keep other colleges and universities from accepting you.
If you’re facing dismissal, you must take the situation with the seriousness it deserves. You must prepare carefully for your defense, you must understand how processes and procedures work, and you must hire the very best help you can get. This is not a situation you can handle all on your own.
LLF National Law Firm is the premier firm in the country for dealing with student issues. Our Student Defense Team has helped hundreds of students just like you get the justice they deserve. We know the law, and we know how FSW operates. Trust us to get the job done.
What can we do for you? Call 888-535-3686 to find out, or take a few minutes right now and fill out an online form.
Reasons for Dismissal from Florida SouthWestern
Let’s start with the basics. What is it that can get you dismissed from FSW?
- Academic Deficiencies: As you would expect, the college expects you to go to class and study. To make sure you’re doing that, it maintains an academic standing policy. That policy requires you to keep your GPA above 2.0. If yours should fall, you can be issued a warning, academic probation, suspension, and eventually complete dismissal.
- Academic Misconduct: Like every college and university, FSW maintains a strict academic integrity policy. Cheating and plagiarism are explicitly forbidden, but any action that could potentially give you an unfair advantage in the classroom can get you into trouble. First offenses usually receive course sanctions like lower grades. Multiple offenses, though, can lead to dismissal.
- Disciplinary Misconduct: Your general campus conduct is under just as much scrutiny as your classroom conduct, perhaps more. The Student Code of Conduct prohibits dozens of activities, everything from theft to misuse of computer resources. Any offense can result in dismissal if it’s serious enough. Some violations, such as hazing, weapons possession, and drug usage, almost always lead to dismissal.
- Sexual Misconduct: This is yet another offense that typically results in dismissal. Sexual discrimination and harassment, which include a wide variety of sexually-based offenses, are regulated under Title IX, a federal law, and the government encourages schools to issue harsh sanctions.
Misconduct Defenses
There are an awful lot of rules to worry about at FSW. The good news is that you also have some important rights. Any time you are accused of misconduct, for instance, the college must treat you as “Not Responsible” (innocent) until proven Responsible (guilty). You are entitled to a thorough investigation and to defend yourself at a hearing before unbiased decision-makers.
Here’s how the process typically works.
- Most cases begin with a complaint. You can be accused by virtually anyone, from an instructor to an administrator, college staff, or another student.
- If FSW decides to open an investigation, it issues you a Notice of the Charges. That Notice should contain the name of your accuser, a detailed explanation of the allegations, and a list of your due process rights.
- The college then conducts some type of investigation. As part of this investigation, you have the right to give your side of the story. In addition, investigators speak with the Complainant (your accuser) and any other witnesses, and they gather any physical evidence.
- At the conclusion of the investigation, investigators compile their findings into a document and submit it back to the college. The College then sets a time and date for an official hearing.
- The hearing takes place before one or more decision-makers. Both sides have the opportunity to make arguments and support those arguments with physical evidence and witness testimony. Likewise, both sides have the opportunity to raise questions about the other side’s arguments, including cross-examination of witnesses.
- Ultimately, decision-makers deliberate as to your level of Responsibility (guilt). In doing this, they use a legal standard known as “preponderance of the evidence.” This standard requires them to find you guilty if they are more than fifty percent convinced you committed the offense.
- You may appeal the hearing outcome, but not simply because you disagree with that outcome. You must have “grounds” for your appeal. These can include issues of basic unfairness, such as a procedural error, the discovery of new evidence, and a charge that the sanction is disproportionate to the nature of the offense.
While this outline applies to all cases, how a particular case unfolds can depend a great deal on the specific nature of the offense. Title IX sexual misconduct cases, for example, are governed by federal outlines that require advisors to conduct all witness examinations. In other types of cases, decision-makers ask all questions, though you can submit questions to them. Such differences can play a huge role in how you prepare your case.
This is one reason why it is so important to have an LLF National Law Firm attorney beside you any time you are defending yourself. They don’t just have a background in the law. They’re familiar with all FSW administrative and judicial procedures. They can help guide you through those procedures and make sure you take advantage of all your rights.
Academic Dismissal Cases
Academic dismissal cases work a bit differently from misconduct dismissal cases. There’s no need for an investigation or a hearing. Decisions are based almost exclusively on your GPA, and that’s not typically a matter of debate.
There are ways to defend yourself, however, even in these cases. For example,
- You have the right to appeal any grade you receive. Your LLF National Law Firm attorney can help you gather evidence and submit this appeal.
- If you consistently struggle in all your courses, you may have a learning disability you don’t know about. Your attorney can make sure you get tested and can petition the college to drop low grades from your transcript. You can then retake those courses without penalty.
- If your deficiencies are the result of extenuating circumstances, such as a long-term illness or a family emergency, your attorney can work with you to appeal directly to the dean’s office for more time to improve.
Fighting for Your Future
By this point, it should be abundantly clear why trying to defend yourself from dismissal is always a dangerous proposition. It’s no easy task taking on a university, and the stakes are incredibly high. Luckily, you don’t have to go it alone. LLF National Law Firm was built to help students. Our Student Defense Team can also be fierce when it comes to protecting our clients, and we’re not afraid of faculty and administrators.
Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, fill out our online questionnaire.