Facing Dismissal from Cal State East Bay

It doesn't matter how smart you may be. It doesn't matter what you've accomplished in the past. It doesn't matter what kind of promise you may have shown up to this point. If you wind up dismissed from Cal State East Bay, it likely spells the end of your academic career. In addition to expulsion, you'll also receive a transcript notation that describes the exact nature of your offense, and that will almost certainly keep you from enrolling elsewhere.

You don't want to head onto the job market without a college degree. What do you do?

The moment you're accused of a serious offense or someone mentions the possibility of dismissal to you, don't wait. Contact the Lento Law Firm's Student Defense Team. Colleges and universities are powerful institutions. Cal State East Bay's administrative and judicial processes are complex and difficult to navigate, and you can expect faculty and administrators to close ranks against you. You do have rights, but you need the Lento Law Firm attorney to show you how to use them effectively. We can make sure you're treated fairly and that you get the very best possible resolution to your case.

To find out more about how we can help, call 888-535-3686 or take a few minutes right now and fill out an online form.

Reasons for Dismissal from Cal State East Bay

Part of what makes it so hard to succeed at college is that there are so many things that can go wrong. There are actually dozens of different reasons Cal State East Bay can decide to dismiss you, everything from cheating on an exam to having a fistfight with your roommate.

For the most part, though, offenses can be placed into four simple categories. Know these, and you can avoid most trouble.

  • Academic Deficiencies: Cal State East Bay wants you to succeed, and it's usually willing to work with you to help you keep your grades up. Should your GPA fall, though, you can be issued an Academic Alert. Should it fall further, you can also be dismissed.
  • Academic Misconduct: CSUEB expects you to earn your degree honestly. Any type of academic dishonesty, including cheating, plagiarism, and misrepresentation, qualifies. First offenses can result in course failures. Additional offenses can lead to dismissal.
  • Disciplinary Misconduct: Non-academic offenses such as underage drinking, violence, weapons possession, and theft can get you into even more trouble than academic offenses. Even first violations of the Standards for Student Conduct can result in dismissal if they are serious enough.
  • Sexual Misconduct: This is among the most serious charges a student can face. Sexually-based offenses are covered under Title IX, a federal law, and the government holds schools to account for enforcement. As a result, dismissal is the most common sanction in such cases.

Misconduct Defenses

As you may have noticed, three of the four offenses that can get you dismissed have to do with misconduct—academic misconduct, disciplinary misconduct, and sexual misconduct. Let's talk first about how to respond to these kinds of allegations.

As a starting point, you should know that the university is required to treat you as innocent until proven guilty (at college, “guilt” is referred to as “Responsibility”). That means you cannot be dismissed until the university has proven, through an investigation and a hearing, that you are Responsible for an offense.

  • Anyone at Cal State East Bay can accuse you of misconduct—other students, instructors, administrators, and staff. The university must determine that the allegations are credible, though, before officially charging you with an offense.
  • The university cannot investigate you in secret. If you've been charged, you'll be issued a Notice of the Charges. This document should explain the nature of the allegations and include a list of your due process rights.
  • If the case proceeds, CSUEB will conduct an investigation. This could be as simple as gathering examples of your work to prove an accusation of academic misconduct. On the other hand, a Title IX sexual misconduct investigation can take several months to complete.
  • You have the right to give investigators your side of the story. Of course, they will also talk with the Complainant (your accuser) and any other potential witnesses. Finally, they'll collect any physical evidence. Ultimately, all this material would be included in a summary report. You also have the right to review this report.
  • Next comes a hearing into the case. Generally, the investigative report serves as the foundation of this hearing. One or more trained, unbiased decision-makers preside.
  • Both sides in the case are allowed to present their arguments. You may also call witnesses to testify and raise questions for any witnesses against you.
  • Ultimately, decision-makers employ a legal standard known as “preponderance of the evidence” to decide the case. Less strict than “beyond a reasonable doubt,” “preponderance” says you're Responsible (guilty) if they believe you “more likely than not” committed the offense.
  • You can appeal the hearing outcome should you lose. However, appeals must be based on issues of fairness. Grounds for appeal are typically limited to issues like procedural mistakes, the discovery of new evidence, or a disproportionate sanction.

You can choose to defend yourself, but Cal State East Bay gives you the right to get help, and you're allowed to choose an attorney to fill this role. You want to make the most of this right by hiring the Lento Law Firm attorney. These cases are too complex, and there's too much at stake to try to handle things alone. We are the premier law firm in the country for protecting student rights.

Academic Dismissals

There are no formal procedures for avoiding an academic dismissal. That doesn't mean, however, that you must simply accept your fate if your GPA has fallen. Here again, the Lento Law Firm attorneys know a number of options for keeping your university career on track.

  • Extenuating circumstances may entitle you to more time to improve before the university issues a final dismissal decision. If you've suffered a long-term illness, for instance, or had to deal with some other personal crisis, you can petition your college dean directly.
  • It's sometimes possible to negotiate with faculty if you have a compelling argument. You may have failed a course but shown great improvement through the course of the semester. It can be delicate, but you can try convincing your professor to pass you anyway.
  • If you feel you've been a victim of bias or some other classroom mistreatment, you should report this to your instructor's department head. At a minimum, you can file a grade appeal.

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.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

Menu