Most students don't think dismissal could ever happen to them. Turns out, it happens all the time. Cal State San Bernardino dismisses dozens of students every year for all kinds of reasons, from low GPA to plagiarism to stalking.
How do you make sure it doesn't happen to you?
- First, you make absolutely certain you know the rules. Obviously, knowing what can get you into trouble can help you avoid trouble. It can also be vital preparation for defending yourself if, you know, trouble should come looking for you.
- You also want to be clear on the judicial and administrative processes at CSUSB. You can't hope to properly defend yourself if you don't know how to navigate the system.
- More important than anything else, you need to know how to get help if you should find yourself in trouble. The school won't be on your side in these cases. You need someone who is.
The Lento Law Firm's Student Defense Team was founded to protect students, to make sure you're treated fairly, and to give you every reasonable chance to earn your degree. If you're in trouble, if someone has mentioned the possibility of dismissal to you, we can help. To find out how to do this, call 888-535-3686 or take a few minutes right now and fill out our online form.
Reasons for Dismissal from Cal State San Bernardino
It turns out there are so many reasons Cal State San Bernardino might dismiss you that we don't have the time and space to list them all here. What we can do is give you a list of the four categories of offense you need to worry about.
- Poor Academic Performance: It shouldn't come as a surprise to you that you can be dismissed for low grades. After all, you came to CSUSB to study. The good news is you can recover from a couple of Ds or Fs. Should your GPA fall below 2.0, you're placed on academic probation and given an opportunity to improve. The university's patience isn't infinite, though. If you can't pull your grades up while on probation, you can face dismissal.
- Academic Misconduct: You can also be dismissed for academic dishonesty. Plagiarism, cheating, and any other action that might tend to give you an unfair advantage in the classroom, are expressly forbidden by the school's Student Code of Conduct. As with academic deficiencies, one instance of cheating likely isn't enough to get you expelled. A pattern of cheating, though, can certainly get you dismissed.
- Disciplinary Misconduct: The Student Code of Conduct doesn't just deal with academic misconduct. You're also held accountable for offenses like trespassing, underage drinking, and misuse of computer resources. In these cases, any type of violation can potentially lead to dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: Sexually-based offenses are almost always punished with dismissal. These are among the most serious kinds of policy violations a student can commit. They're also contrary to federal law under Title IX.
Misconduct Procedures
How you defend yourself from efforts to dismiss you will depend on the nature of the charges against you. If you've been accused of misconduct—any kind of misconduct—the process involves an investigation and a hearing. As part of the process, you're also given some important due process rights, such as the right to be presumed “Not Responsible” (innocent), the right to review evidence in the case, and the right to an advisor.
Here's how the process typically works.
- If you've been charged with an offense, it almost certainly means someone has made an allegation against you, either to a Student Conduct Administrator or, in the case of sexual misconduct, the Title IX Coordinator. Your accuser (or alleged victim) is known as the “Complainant.” As the accused, you are referred to as the “Respondent.” The question at issue is whether or not you are “Responsible for” (guilty of) the offense.
- Once you've been officially charged, the university must issue you a Notice of the Charges. This Notice should detail the important points of the allegation and provide you with a list of your rights.
- You don't just have the right to an advisor. You have the right to choose an attorney to serve as your advisor. This means someone from the Lento Law Firm can represent you throughout the case.
- Investigators usually begin by meeting separately with both sides in the case. They'll also interview any witnesses and collect all physical evidence.
- The investigators' job is to gather the facts in the case and then submit those facts to the university. Once they've done this, the university sets a time and place for a formal hearing.
- The hearing is your best opportunity to make your full case. You are allowed to submit evidence, call witnesses, and cross-examine any witnesses against you. Your attorney can accompany you and offer advice throughout the proceedings. However, they may not speak on your behalf.
- One or more decision-makers will decide the case. The standard of justice in CSUSB judicial cases is "preponderance of the evidence." Less strict than "beyond a reasonable doubt," the preponderance standard requires them to find you "Responsible" if they are more than 50 percent convinced of your guilt.
- Your final right as the Respondent is the right to appeal the hearing outcome. Grounds for appeal, however, are very strictly limited. Basically, your only option is to argue that some prejudicial error occurred during the prosecution of the case.
Again, all misconduct cases follow this general outline. However, cases can differ in small but significant ways depending on the exact nature of the charges. For example, because they are governed by federal law, Title IX sexual misconduct works a little differently than academic and disciplinary misconduct cases. Both sides have the option to cross-examine one another, and advisors conduct all witness examinations.
No matter what specific charges you're facing, the attorneys at the Lento Law Firm can help. We're familiar with all CSUSB judicial procedures, and we can show you how to use those procedures to your best advantage.
Academic Dismissal Cases
Academic cases are very different from misconduct cases at CSUSB. There is no investigation, for instance, and no hearing. Decisions are based strictly on the quality of your GPA.
- If your academic deficiencies are the result of circumstances outside your control, you can try petitioning your school or college dean for more time to improve.
- A learning disability, like ADD, ADHD, or dyslexia) may entitle you to special course accommodations like extra time to complete assignments. If you should discover you have such a disability, you can also petition the university to drop low grades from your GPA and allow you to retake those courses with no penalty.
- CSUSB has a generous forgiveness policy. You can retake up to three courses for replacement credit, or you can ask for “Academic Renewal,” which allows you to erase up to two terms worth of coursework.
- Instructors have the power to lower your grade if they believe you've cheated or committed plagiarism. However, you have the power to challenge their decisions to their department head.
- Some faculty are willing to negotiate grades. If you've failed a course but did well on the final exam, you could try asking your professor to use that final exam grade in place of your 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.
