You chose to attend Embry-Riddle Aeronautical University's Prescott campus (ERAU Prescott) with the intent of creating a fulfilling and exciting career. You intended to study, enjoy your friends, and earn a degree. Along the way, you may have struggled with your grades and are facing an academic dismissal.
Perhaps you found yourself the target of a misconduct allegation for violating ERAU Prescott's Standards of Conduct or Title IX Sexual Harassment policy. After working through the appropriate disciplinary, you've learned that you've been held responsible and are being dismissed from your university.
A dismissal, the permanent separation of a student from the university, is among the most severe penalties a university can demand of its students. At ERAU Prescott, the Conduct Officer, when determining the appropriate penalty, may consider both the nature and number of violations, including prior offenses, severity of the offense, impact on others or the campus community, and mitigating and aggravating circumstances. A student's repeated or aggravated violations of the Standards of Conduct or any university policy may warrant more severe sanctions.
The Lento Law Firm can help you appeal your dismissal from ERAU Prescott. Our experienced attorneys can partner with you and exhaust every option to keep your education on track and avoid the adverse consequences of dismissal. Contact our Student Defense Team at 888-535-3686 or complete a confidential consultation form to discuss your case.
Consequences of Dismissal from School
ERAU Prescott is committed to creating a safe and effective learning environment by maintaining academic standards and prohibiting inappropriate, dangerous, and dishonest behavior, including plagiarism, cheating, violent acts, sexual harassment, sexual misconduct, and theft.
A dismissal from ERAU Prescott can be devastating to the student involved, impacting nearly every aspect of their life. If you live on campus or have student health insurance, you may no longer receive those student-based benefits. Academically, it can be extremely difficult to transfer to another college or university after your transcript reflects a dismissal. Financially, you have lost the opportunity to earn the degree you wanted but still have the responsibility to pay back any student loans, sometimes with an accelerated repayment calendar. Additionally, a dismissal will likely impact your reputation and personal relationship with mentors, professors, fellow students, and others.
How to Appeal a Dismissal from ERAU Prescott
Because dismissal is such an extreme and impactful penalty, you may want to appeal the finding of responsibility for the violation or the penalty you received. The university's decision and sanctions stay in place while an appeal is pending.
Appealing a Dismissal Based on the Standards of Conduct
If a student has been dismissed based on a violation of ERAU Prescott's Standards fo Conduct, they may appeal their case based on only four grounds:
- The sanction is disproportionate to the violation(s).
- There was a deviation from the written conduct procedures.
- There was a demonstrable bias in the conduct proceeding.
- There is new information unavailable at the time, which could have impacted the findings or sanction.
To appeal the decision, the student must email the Dean of Students of their desire to appeal within two business days of receiving the Conduct Officer's decision letter.
After receiving the student's email, the Dean of Students Office will arrange a meeting between the student and another university official for a pre-appeal meeting. The purpose of the pre-appeal meeting is to provide information to the student about the appeals process, discuss the student's grounds for appeal, and assist the student in determining what content should be included on their Request for Appeal Form.
After the Pre-Appeal Meeting, the student may decide to end the process and not pursue an appeal. Alternatively, if the student wants to proceed with the appeal process, they will complete and submit a Request for Appeal Form.
The Appeals Review Panel will review the Request for Appeal. The purpose of the Appeals Review Panel is to determine if there is sufficient basis for the appeal. The appeal panel will consider the Request for Appeal Form, additional supporting documentation submitted by the student, and a response and supporting documents submitted by the original Conduct Officer.
If the Appeals Review Panel denies the appeal request, the appealing student is notified of the decision in writing. The denial of the request for an appeal is ERAU Prescott's final decision on the matter.
If, after reviewing this information, the Appeals Review Panel decides that an appeal is warranted, the appealing student is notified in writing and informed of the next steps.
An Appeals Board hearing will include an opening statement from the appealing student and the Conduct officer and an opportunity for both sides to present witnesses and any additional information. Members of the Appeals Board may ask questions of the appealing student and the Conduct Officer. The hearing will end with closing statements.
After the hearing, the Conduct Officer and the appealing student will leave, and the Appeals Board members will begin their deliberations. The Appeals Board then makes a recommendation to the Dean of Students. The Dean of Students has the authority to uphold, overturn, or modify the recommendations of the Appeals Board. The appealing student will be notified in writing of the final decision of the Dean of Students. The determination of the Dean of Students is the university's final decision.
Appealing a Dismissal after a Title IX Hearing
If you are found responsible for a Title IV violation, you may electronically submit an appeal, within five days of receipt of the written determination, based on:
- A procedural irregularity that affected the outcome of the matter.
- New evidence that was not available when the decision was made that may influence the determination.
- A conflict of interest or bias of the Title IX Coordinator, their staff, investigators, or the Hearing Decision-Maker that affected the determination.
The Appeal Decision-Maker will review the appeal and related case materials. If the Appeal Decision-Maker decides that there was a procedural irregularity or that new evidence is available, the case is remanded to the Hearing Decision-Maker.
If the Appeal Decision-Maker finds a conflict of interest or bias, they will take steps to address and limit the impact of the bias or conflict.
If the Appeal Decision-Maker determines that the earlier decision should be upheld, the parties are informed and the Title IX process is concluded.
After Receiving an Academic Dismissal
Because an academic dismissal is based on the objective metric of grade point average, there is no formal appeal process available to students. If you are facing an academic dismissal, you may want to reach out to your instructors to ensure all your course grades are correct or to identify any instructors willing to reconsider a borderline grade. There may be some ability to negotiate a better outcome if you believe your course grades are incorrect, or you have an instructor willing to support your academic efforts and reconsider a borderline grade.
It's Never Too Late to Contact the Lento Law Firm
If you want to fight your dismissal, the Lento Law Firm can help. Our experienced Student Defense Team can work through the appeals process with you, making the best case possible for your reinstatement.
The Lento Law Firm can help analyze the seriousness of the allegations, perform our own investigation focused on identifying witnesses and collecting new evidence, evaluate the school's written notice of the disciplinary charges and other correspondence, prepare you for the appeals process, and develop a comprehensive appeal strategy to meet your needs.
A student's right to appeal must be exercised swiftly. The sooner you contact the Lento Law Firm, the sooner we can help you defend your enrollment at ERAU Prescott.
Even if your appeal window has closed, our experienced attorneys may be able to offer other courses of action, such as working with ERAU Prescott's Office of General Counsel. To protect your education and your future, contact the Lento Law Firm Student Defense Team by phone at 888-535-3686 or contact us online.
