There's a lot to recommend the college experience. You're earning a degree, and that takes discipline and hard work. But college is also about making new friends, establishing your independence, and figuring out just who you are. Those experiences can be incredibly valuable. They're the reason so many people say their college years were among the best in their lives.
Here's the thing: if you should wind up dismissed, you'll lose all those opportunities. So, what do you do if you find yourself in trouble and someone has mentioned the possibility you might be expelled? How do you protect yourself?
First, you take a deep breath and let it out. You can get through this situation, but you're going to need to keep your cool.
You're also going to need help. Going up against your university is no joke, and you don't want to try and do it alone. Luckily, you don't have to. Joseph D. Lento and his Student Defense Team are here, and they're on your side. They know exactly how Brigham Young University operates, and they have experience representing hundreds of students.
Reasons for Dismissal at Brigham Young University
Let's start with the basics. What exactly can get you dismissed from BYU? It turns out that's a long list—too long, in fact, to include here. For the most part, though, all the items on that list can be placed into four basic categories. Know these, and you should know how to avoid trouble in most circumstances.
- Academic Deficiencies: First, you can be dismissed for simply failing to keep your GPA up. Grades matter at BYU. According to the Academic Standing policy, you can be given an Academic Warning or placed on Probation when your term or cumulative GPAs fall below 2.0. If you continue to struggle, you can also be suspended or dismissed.
- Academic Misconduct: You're also expected to abide by the school's Honor Code. Plagiarism, cheating, and fabrication can get you into serious trouble. First offenses usually result in course sanctions, like lowered assignments or course grades. Additional offenses, though, can get you expelled.
- Disciplinary Misconduct: As you might expect at a religious-oriented institution, BYU also requires you to maintain the highest standards of personal conduct. In fact, the school's Code of Conduct doesn't even bother with a list of rules. Instead, it offers a set of principles, such as “abstain from alcoholic beverages, tobacco, tea, coffee, vaping, and substance abuse,” “live a chaste and virtuous life,” and “be honest.” Violate any of these tenets, and you could potentially be looking for another school.
- Sexual misconduct: Of course, sexually-based offenses are a violation of many BYU principles, including “live a chaste and virtuous life.” Sexual misconduct is also a violation of federal law, though, under Title IX. Schools are required to investigate any credible allegations, and dismissal is a common punishment.
Defending Yourself from Misconduct Charges
Here's the good news: an accusation of misconduct doesn't necessarily mean you'll wind up dismissed from BYU. In fact, you have some important due process rights you can use to defend yourself.
The bad news, though, is that you have significantly fewer rights in BYU's judicial system than you would have in a court of law.
- You do have the right to a full and thorough investigation.
- You also have the right to tell your version of events.
- You have the right to be judged using the legal standard “preponderance of the evidence.” This means you cannot be found Responsible for (guilty of) a violation unless decision-makers are over fifty percent convinced you committed an offense.
- You have the right to request a review of a Responsible decision. However, requests are only heard if
- The decision isn't supported by the facts
- The HCO did not follow the appropriate procedures
- The sanction is disproportionate to the offense
- The investigation was tainted by bias
Meanwhile, You don't have the right to
- Defend yourself at hearing
- Call witnesses to testify on your behalf
- A decision based on the legal standard “beyond a reasonable doubt.”
- Independent investigators and decision-makers.
The one exception to these policies is Title IX sexual misconduct cases. These cases are subject to federal guidelines concerning investigations and adjudications. Those guidelines afford you considerably more rights than you would normally receive at BYU. For example, you have the right to a hearing, where you can call witnesses and cross-examine witnesses against you. Importantly, you also have the right to select an advisor, someone to help you prepare your case and to advise you during all meetings and proceedings.
No matter what specific charges you're facing, you want Joseph D. Lento and his Education Law Team in your corner. They're familiar with all of BYU's rules and procedures. Obviously, they can sit beside you during any Title IX meetings or hearings. Even in cases where they can't accompany you, though, they can be essential in developing your defense strategy, gathering evidence, preparing you to answer questions, and making sure you're treated fairly.
Academic Dismissals
Academic dismissals can sometimes be trickier to fight than misconduct dismissals. That's because they're usually based exclusively on your cumulative and term GPAs. These aren't open to debate, so there's no need for an investigation or a hearing. Decisions are usually automatic.
BYU does have a petition process for avoiding academic dismissal. However, successful petitions are “rare” and require evidence of “extraordinary circumstances.”
What do you do if you can't point to extraordinary circumstances as the cause of your academic deficiencies? It turns out Joseph D. Lento and his team know a number of valuable strategies for handling this type of dismissal as well. For example,
- If you frequently struggle to pass courses, you might try visiting Disability Services. An undiagnosed disability might be grounds to drop your low course grades and retake those courses with accommodations in place.
- Classroom mistreatment can also be grounds for a grade revision. Report all mistreatment to your instructor's department head or, failing that, the dean of your school or college.
- Some faculty are willing to assign extra credit and makeup assignments. An extra lab assignment or an extra essay might be enough to raise your borderline grade, and one higher grade can make a big difference to your GPA.
Fighting for Your Future
By this point, you probably have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento Law Firm was built on helping students just like you handle all types of misconduct charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. To find out more about exactly what Joseph D. Lento and his team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
