It's natural to be nervous if you're facing dismissal at ASU – Downtown Phoenix. Dismissal means leaving the university, all the progress you've made up to this point, and the community of friends you've built. It also means your permanent academic file will forever carry a record of your offense. Try finding another college or university to accept you after that.
The threat of dismissal doesn't have to end in dismissal, though. The Lento Law Firm's Student Defense Team is always on your side and ready to defend your academic future. We know how ASU–Phoenix operates, and we're dedicated to protecting your rights. We've helped hundreds of students defend themselves from all types of charges, and we can help you as well.
To find out more about all we can do, call 888-535-3686 or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Arizona State University – Downtown Phoenix
You can't properly defend yourself unless you know what you've been charged with doing. That's especially true if you're entirely innocent since otherwise, you have no context for understanding the allegations.
There are essentially four categories of offense at ASU–Phoenix.
- Academic Deficiencies: First, you can receive sanctions for failing to keep your grades up. The ASU–Phoenix academic standing policy requires you to maintain a minimum 2.0 cumulative GPA. Anything lower means probation. Continue to struggle while on probation, and you can also wind up dismissed.
- Academic Misconduct: All colleges and universities prohibit classroom dishonesty. The ASU–Phoenix Honor Code explicitly mentions plagiarism and cheating, but any act that might tend to give you an unfair advantage in earning your degree can lead to serious consequences, including dismissal.
- Disciplinary Misconduct: Your behavior outside of class is governed by ASU–Phoenix's Student Code of Conduct. Here, you'll find rules against things like trespassing, theft, and violence. In these cases, any violation can result in dismissal if it is serious enough.
- Sexual Misconduct: Sexually-based offenses almost always lead to dismissal. The ASU–Phoenix sexual misconduct policy is required by Title IX, a federal law, and the university takes every allegation seriously.
Misconduct Defenses
When it comes to misconduct allegations, ASU–Phoenix maintains clear processes and procedures for defending yourself from the threat of dismissal. The university must presume you “innocent,” for instance, and provide you with a number of additional due process rights.
- While anyone at the university can accuse you of misconduct, the university must decide whether the accusations are credible and actionable before initiating a formal investigation.
- If you've been charged with an offense, the university must supply you with notice of the charges. This notice should explain the allegations and your due process rights.
- You're allowed to choose an advisor, and this advisor can be an attorney. This means someone from the Lento Law Firm can accompany you to any investigative meetings to help you respond to questions and give your side of the story.
- In addition to speaking with you, investigators interview any complainants (accusers or alleged victims) and potential witnesses. They also collect any physical evidence.
- Investigators are tasked with submitting a written report of their findings to the university. Once they've done this, the university sets a time and date for a hearing.
- As part of the hearing, you may face a single decision-maker or an entire panel of decision-makers. In either case, you get to present your entire case, including physical evidence and witness testimony. You may also raise questions for any witnesses testifying against you.
- Decision-makers must determine whether or not you are responsible for (guilty of) the offense. To do this, they employ a legal standard known as “preponderance of the evidence.” According to this standard, you are guilty if they believe it is “more likely than not” that you committed the offense.
- You can appeal the hearing outcome, but you must have grounds to do so. You can't simply appeal because you disagree with that outcome. Grounds typically include things like new evidence, a procedural error, or a disproportionate sanction.
Keep in mind that while this general outline applies to all cases, cases can differ significantly from one another depending on the exact nature of the charges. For example, you have the right to cross-examine complainants in Title IX sexual misconduct cases. They have the right to cross-examine you as well.
The good news is that your Lento Law Firm attorney knows how to handle every type of charge. Not only are they familiar with all judicial processes at ASU–Phoenix, but they're also experienced in representing students in real-world campus defenses.
Dealing with Academic Dismissal
An academic dismissal can be a bit trickier to defend against. ASU–Phoenix doesn't even offer an appeals process for challenging academic sanctions.
That doesn't mean you must just accept an academic dismissal. Here again, your Lento Law Firm attorney knows enough about the university and its administrative systems to protect your future. For instance,
- While the university offers no formal means of appealing an academic dismissal, you can file an informal appeal with your school or college if you've been dealing with extenuating circumstances of any kind. A serious illness or a bout with depression might be enough to warrant more time to improve.
- If you consistently struggle in your courses, you might want to consider visiting the university's Disability Services office. This office can get you properly tested and work out appropriate accommodations if you need them. You can also drop low grades from your GPA.
- Some faculty are willing to negotiate grades if you know what you're doing. A high score on a cumulative final exam, for example, might be enough to convince a professor you deserve a higher course grade.
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. The Lento 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.
