In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Boston College is a serious school with an impressive reputation for scholarship. That's good. It means that when you earn your degree, you should be virtually assured of a bright future. It also means, though, that while you're there, you're going to be held to the very highest standards, both academically and personally. Courses are tough, rules are strict, and BC is not shy about dismissing students who can't hold their own academically or who refuse to follow school policies.
Take time now to learn about all the many reasons you can be dismissed. After all, an ounce of prevention is worth a pound of cure.
There are, of course, dozens of reasons BC might try to expel you, far too many to list here. However, for the sake of simplicity, they can be divided into four categories: academic misconduct, disciplinary misconduct, sexual misconduct, and academic performance.
Academic Misconduct
Academic misconduct refers to classroom behavior. In simple terms, you are expected to earn your degree honestly, and any action that might potentially give you an unfair advantage as a student is strictly forbidden. That means no cheating, no plagiarism, no selling papers to others, no inventing sources, and no destroying library materials.
Minor offenses are typically handled by classroom instructors and might result in anything from a warning to an F in the class. Major offenses, however, and repeat offenses can get you expelled.
These more serious cases are handled by each college or school's Committee on Academic Integrity. This committee appoints a board to review allegations and determine sanctions. If you've been accused, you have the right to submit a statement and documentation of your innocence. Decisions, though, are made in closed-door sessions, and you are not allowed to address the board directly.
You have the right to appeal the board's decisions to the Dean of your school or college for an additional review. This official's decision, though, is final.
Disciplinary Misconduct
Your behavior outside of class is governed by Boston College's Student Code of Conduct. That document deals with issues like substance abuse, property damage, and disorderly conduct. Any violation of the Code can potentially result in dismissal. Some offenses, though, almost always garner expulsions, like hazing, weapons possession, and assault.
The Office of the Dean of Students has jurisdiction over all allegations of misconduct. Most cases receive a full investigation and are adjudicated through a formal hearing. You have the right to an advisor, and this advisor may be an attorney. In addition, you have the right to offer evidence and call witnesses to testify on your behalf.
Disciplinary cases are decided using a legal principle known as “preponderance of evidence.” Less strict than “Beyond a reasonable doubt,” this standard requires decision-makers to find you Responsible (guilty) if they believe it is “more likely than not” that you committed an offense.
Whatever the outcome, you have the right to appeal. However, grounds are limited to a procedural mistake or the discovery of new evidence, and you have just five days to file.
Sexual Misconduct
Sexual misconduct is technically a form of disciplinary misconduct. In fact, it's included in the Student Code of Conduct. However, it is usually treated as its own specific form of offense. This is in part because such offenses aren't just subject to school policy but also to federal law under Title IX. In addition to prohibiting sexual discrimination and harassment, the law also includes strict guidelines on how schools must handle accusations.
As with other kinds of misconduct, allegations are subject to a thorough investigation and a live hearing. However, all cases are handled by the school's designated Title IX Coordinator, and investigators and decision-makers are trained in Title IX procedures.
Here again, the legal standard is “preponderance of evidence.” However, you have some rights in these cases you don't have in other kinds of misconduct cases, including the right to review the investigative report before the hearing and the right to cross-examine the Complainant and any other witnesses against you.
Finally, you can appeal the outcome of a sexual misconduct case. Again, however, grounds for appeal are limited. In these cases, appeals must be based on
- New evidence
- Procedural error
- Conflict of interest on the part of a Title IX official
Academic Performance Issues
You can also be dismissed from Boston College for failing to meet academic standards. Specifically, you must maintain a minimum 1.67 cumulative grade point average. Should you fail to meet this mark, you are immediately suspended from the college.
You can appeal a suspension to the Associate Dean of your school or college. Successful appeals result in a semester of “Probation.” Should you continue to struggle while on probation, though, you can be permanently dismissed.
In addition to appealing suspension and dismissal directly, you have other options for defending yourself. You can, for instance, try negotiating with faculty for higher grades or extra credit assignments. If you have extenuating circumstances that caused your deficiencies, you can also take your case to the Dean of Students.
Fighting for Your Future
Fighting dismissal of any type can be a daunting prospect. You have to develop a defense strategy, collect evidence, and talk to witnesses. All of this takes time and energy that, as a student, you just don't have. You can also expect that faculty and administrators are going to line up against you. Generally speaking, a school closes ranks when it decides to accuse a student of wrongdoing. Don't give up, though. You're never any worse off fighting and losing than you would be just giving up.
It's important you know that you don't have to take on your school alone. National Student Defense attorney-advisor Joseph D. Lento stands ready to help. Joseph D. Lento built his career helping students just like you handle all types of misconduct charges. He and his Education Law Team have dealt with everything from plagiarism allegations to rape charges. They know how to negotiate with faculty and administrators, how to formulate witness questions, and how to put together water-tight appeals. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will fight hard to get you the very best possible resolution to your case.
If you or your child is facing dismissal or have already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm today at 888-555-3686.
