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Students get nervous when we bring up the “D” word—dismissal. We get it. Dismissal doesn’t just mean the end of your time at Western Carolina University (WCU). It can mean the end of your academic career. It’s not the sort of thing you can transfer your way out of.

The threat of dismissal doesn’t have to end in dismissal, though. You have a number of important rights as a WCU student, and with the right help on your side, you can mount a successful defense.

What’s the right help? You need someone who understands WCU’s administrative and judicial systems—someone with experience helping students protect their rights. You need someone from LLF National Law Firm on your side. Our Student Defense Team has worked with hundreds of students, just like you, defending them from every conceivable charge. We can help you as well.

Find out how by calling 888-535-3686, or take a few minutes right now and fill out one of our online forms.

Reasons for Dismissal from Western Carolina University

The first thing you need to know if you’re facing dismissal at WCU is just what you’ve been accused of doing. You can’t hope to mount a proper defense unless you fully understand the charges against you.

At WCU, there are basically four categories of offense, though each category includes numerous specific violations.

  • Academic Deficiencies: A low GPA can be enough to get you dismissed. The WCU academic standing policy requires all students to maintain a minimum 2.0 cumulative grade point average. If yours falls below this number, the university issues you an academic warning. Continue to struggle, and that warning can turn into suspension and, eventually, dismissal.
  • Academic Misconduct: In addition to the academic standing policy, you are also subject to WCU’s Academic Integrity policy. This policy governs how you complete your coursework, and outlaws conduct such as cheating and plagiarism. One mistake isn’t usually enough to result in dismissal, but get caught more than once and dismissal is a distinct possibility.
  • Disciplinary Misconduct: The Student Code of Conduct covers your non-academic behaviors, things like theft, violence, and drug possession. Most violations carry stiff consequences up to and including dismissal.
  • Sexual Misconduct: These offenses usually result in dismissal. Sexual misconduct isn’t just a matter of WCU policy. The university’s policy is required by Title IX, a federal law, and complaints are taken very seriously.

Misconduct Defenses

So, how do you defend yourself if you’re facing dismissal? That depends on the exact nature of the charges against you. If you’ve been accused of some type of misconduct—academic, disciplinary, or sexual—there’s a clearly defined process, and you have some important rights as part of that process.

  • Anyone can lodge a complaint against you. However, the university must decide that the complaint is both credible and actionable before issuing formal charges.
  • WCU cannot investigate you in secret. The university must provide you with notice of the charges. That notice must explain the allegations and include a list of your due process rights.
  • One of your most important rights is the right to an advisor. Further, you can choose an attorney as your advisor, which means someone from LLF National Law Firm can be on hand to help you answer questions and present your defense.
  • Investigators usually begin by meeting separately with both the Respondent (you, the accused) and the Complainant (your accuser or alleged victim). This gives you an opportunity to give your side of the story and to suggest evidence for investigators to consider.
  • In addition, you have the right throughout the investigation to review all evidence that investigators uncover.
  • Once the investigation is complete, the university sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
  • Hearings resemble court cases you may have seen on TV, at least in their outline. Both sides offer arguments and support those arguments with evidence, including witness testimony. Both sides also have the opportunity to raise questions about evidence and cross-examine witnesses.
  • A campus hearing is not the same as a court case, though. One important difference is that all misconduct cases at WCU are decided based on a “preponderance of evidence.” What that means is that you are Responsible (guilty) if decision-makers believe it is “more likely than not” that you committed the offense.
  • You have one more due process right as well—the right to appeal a negative outcome. However, this right is not unlimited. You must have “grounds” to file an appeal, such as evidence that the university made some procedural error, the discovery of new evidence, or an allegation that the sanction you’ve been assigned is disproportionate to the offense.

While this outline applies to all cases at WCU, the details of your case will differ depending on the specific nature of the charges against you. For instance, both sides in Title IX cases have a right to cross-examine one another. These kinds of differences can radically alter how you prepare your defense.

Luckily, your LLF National Law Firm attorney is ready for any eventuality. We know how WCU’s judicial processes work, and we’ll make sure you’re fully prepared before investigative meetings and hearings.

Dealing with Academic Dismissal

If you’re dealing with the threat of academic dismissal, the “process” is somewhat different. There are no investigations, for instance, and no hearings. Decisions are based entirely on your GPA, and that’s not open to debate. However, dismissal doesn’t happen automatically the moment your grades fall. Instead, you’re given a warning and allowed a semester to improve.

What do you do if you continue to struggle and you do actually reach the point of dismissal? Even in these cases, your LLF National Law Firm attorney can suggest options. For instance,

  • If your academic deficiencies are the result of extenuating circumstances, such as a serious illness or a family emergency, you can appeal the dismissal.
  • Consistently low grades can be a sign of a learning disability. You have a right to testing, though, and if you do have such a disability, you have the further right to drop low grades from your GPA.
  • One of the simplest ways to deal with a low GPA is to ask instructors for makeup and extra credit assignments. They can, of course, say no, but there is no penalty for asking.

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.

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