Facing dismissal at Cal State San Marcos and not sure what to do? First, don't panic. You're only more likely to make another mistake and compound the problem. You can deal with this situation and get through it. You are going to need help, though.
The Lento Law Firm was founded to protect student rights. Our Student Defense Team has dealt with every conceivable type of dismissal. We know what the law says, we know what Cal State San Marcos policy says, and we know how to use both to your advantage. It doesn't matter what kind of trouble you may be in, whether you are entirely innocent or you made a mistake. We're on your side. We'll fight to make sure you're treated fairly and that you get the best possible resolution to your case.
To find out more, call 888-535-3686 or take a few minutes right now and fill out an online form.
Reasons for Dismissal from Cal State San Marcos
Your first assignment is to see if someone at CSSM is talking about dismissal. Make sure you understand the charges against you, inside and out. You cannot hope to defend yourself unless you understand what you've been accused of doing. That's especially true if you're entirely innocent.
- Academic Deficiencies: The most obvious reason for dismissal at CSSM is low GPA. After all, you came to the university to study, and the university plans to hold you to that. Don't worry: a low grade or two isn't going to doom your chances. More likely, you'll wind up on probation. Continue to struggle while on probation, though, and the next step is dismissal.
- Academic Misconduct: Plagiarism, cheating, and other forms of classroom dishonesty can get you dismissed as well. Again, one offense probably isn't enough. A second allegation, though, could put you in danger.
- Disciplinary Misconduct: Even if you're earning good grades and doing it honestly, you can still find yourself in trouble over disciplinary misconduct. These non-academic offenses include things like hazing, underage drinking, and violence. In this case, any violation can lead to a dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: Sexual discrimination and harassment are prohibited on all university campuses by Title IX, a federal law. This includes everything from simple verbal harassment to stalking, sexual assault, and rape. CSSM is bound to investigate all credible complaints, and you can expect harsh sanctions, including dismissal if you're found Responsible (guilty).
Misconduct Defenses
Remember, we said not to panic. Here's why. Just because you've been charged with a misconduct offense does not mean you'll actually wind up dismissed. CSSM must treat you as innocent (“Not Responsible”) until you're proven guilty (“Responsible”), and you have several additional due process rights to protect you.
- First, while anyone at the university can accuse you, the school cannot open an official case unless the allegations are both credible and actionable.
- You're entitled to Notice of the Charges if you've been officially charged. This document should identify your accuser and provide you with important details about the allegation. It should also contain a list of all your other due process rights.
- One of your most important rights is the right to an advisor. Further, you're entitled to choose a Lento Law Firm attorney to serve in this position. We cannot speak for you, but we can help you prepare your case, and we can be on hand to help you present it.
- You have the right to an investigation and to give your side of the story to investigators. Usually, they meet with the Complainants (accusers) and the Respondents (the accused) first before they talk with witnesses and gather any physical evidence.
- Investigators are tasked with submitting a written summary of their findings. This can be a crucial document since it lays the foundation for the hearing that follows. You always have the right to review this document and any other evidence against you. In some cases, you may even have the right to raise objections about what the report contains.
- You are entitled to present your case at a formal hearing before trained, unbiased decision-makers. You may introduce evidence, and you may call witnesses to testify. You may also raise questions for any witnesses against you. Of course, the Complainant has these same rights.
- Decision-makers don't have to find you guilty “beyond a reasonable doubt.” However, they must be more than fifty percent sure you committed the offense in order to find you “Responsible” (guilty).
- Finally, you also have a limited right to appeal the hearing outcome. The limitation is that appeals must concern issues of fairness. For instance, you might appeal based on a procedural error in the case, a sanction that seems unfair, or the discovery of new evidence.
This outline applies to all misconduct cases and should give you some idea of what to expect in a general sense. However, cases can differ considerably depending on the nature of the charges. If you've been accused of Title IX sexual misconduct, for instance, you have the right to cross-examine the Complainant, and they have the right to cross-examine you.
Obviously, these differences can play a huge role in how you prepare your defense. One important reason to hire a Lento Law Firm attorney is that we know all of CSSM's judicial processes and procedures. No matter what the allegation against you, we can make sure you're prepared for investigative meetings and the hearing itself. We know your rights, and we can help you use them effectively to protect yourself.
Academic Dismissals
We haven't mentioned academic dismissals to this point. That's because the process isn't nearly so straightforward. And for the most part, you aren't entitled to any due process protections the way you are in misconduct cases. Probation is treated as "due process.
Nevertheless, your Lento Law Firm attorney knows a number of useful strategies for protecting you from this type of dismissal as well. For instance:
- If courses you've transferred in are dragging down your GPA, you can petition CSSM to drop them. You'll have to retake those courses, but you'll salvage your GPA and avoid dismissal.
- You always have the right to ask instructors for extra credit or makeup assignments. Of course, they have the right to say no. If they say yes, though, an extra lab assignment or a paper rewrite could be enough to keep you out of the GPA danger zone.
- Disabilities, including learning disabilities, can entitle you to course accommodations. If you don't receive them, you can appeal your grade or, at a minimum, retake the course without penalty. This is true even if you didn't know you had a disability when you took the class.
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.
