If someone at California Polytechnic State University has mentioned the possibility of dismissal to you, the very first thing you need to know is that the situation is serious. It's not just that your education and your career future are on the line—though that is certainly true. It's also that any time you go up against an educational institution, you're fighting an uphill battle. Processes and procedures can be confusing and difficult to navigate, and you can expect faculty and administrators to close ranks against you. You need someone on your side, someone who has your best interests at heart.
The Lento Law Firm knows what you're up against, and we're always on your side. Our Student Defense Team is dedicated to protecting student rights and making sure you have every reasonable chance to earn your degree. We don't believe a mistake, or even two or three mistakes, should stand in the way of your success, and we're determined to get you the justice you deserve.
For more information, contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Reasons for Dismissal from Cal Poly
Your first job if you're facing dismissal is to get a clear understanding of the charges against you. You can't hope to prove your innocence or to explain the situation if you don't know what you've been accused of doing.
Dismissals at Cal Poly generally happen for one of four reasons.
- Poor Academic Performance: You aren't in high school anymore—a low GPA is certainly grounds for dismissal. It doesn't happen automatically: first, you'll find yourself on academic probation. If you continue to struggle while on probation, though, you can be dismissed.
- Academic Misconduct: Cheating and plagiarism can get you dismissed as well. Again, it won't happen the first time you commit an offense. You'll more likely lose points on the assignment or perhaps wind up with a lower grade in the course. Multiple offenses, though, can certainly get you dismissed.
- Disciplinary Misconduct: When it comes to non-academic disciplinary misconduct, even a first offense can result in dismissal if it is serious enough. In fact, some offenses, such as hazing, weapons possession, and drug use, are almost always punished with dismissal.
- Sexual Misconduct: This is another offense that almost always leads to dismissal. Sexually-based violations are usually subject to Title IX—a federal law. Schools are required to investigate all credible complaints and to assign harsh sanctions.
Misconduct Procedures
Dismissal is always a scary proposition, and as we've mentioned, it can be hard to defend yourself. To be clear, though, Cal Poly can't just dismiss you. You are entitled to due process any time you've been accused of misconduct. In other words, the university must prove you are Responsible (guilty), and it must give you every reasonable opportunity to prove your innocence.
- Cases begin with a complaint, made either with the Office of Student Rights and Responsibilities (OSRR) or—in sexual misconduct cases—the Title IX Coordinator.
- The university must provide you with a Notice of the Charges. This notice should provide you with an explanation of the allegations, and it should list all of your due process rights.
- One of your most important rights is the right to an advisor—someone to help you prepare your case and to accompany you to all meetings and hearings. Importantly, you are allowed to choose your advisor. That means someone from the Lento Law Firm can be at your side throughout the process.
- You can expect investigators to interview both you and the Complainant (your accuser) separately. In addition, they will interview any other witnesses and collect any physical evidence.
- Ultimately, investigators submit their findings to the school, and these findings serve as the foundation of the hearing that follows.
- A university hearing resembles a criminal trial, at least in general outline. You get to make arguments, submit evidence, call witnesses, and cross-examine witnesses against you. The Complainant gets to do the same.
- A university hearing is not a criminal trial, however. One of the biggest differences is in how cases are decided. Decision-makers at Cal Poly don't use the “beyond a reasonable doubt” standard. Instead, they use a lesser-known standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible (guilty) if they are more than fifty percent convinced you committed an offense.
- Your last right is the right to appeal the hearing outcome (verdict). However, you must have grounds for appeal. These include things like the discovery of new evidence, a procedural error, or a sanction that's disproportionate to the offense.
This outline applies to all misconduct cases, whether academic, disciplinary, or sexual. Cases can differ in small but significant ways, though, depending on the specific nature of the charges. In Title IX sexual misconduct cases, for instance, the law requires that you and the Complainant be allowed to cross-examine one another.
No matter what the specific procedures, you can count on the attorneys at the Lento Law Firm to protect you. We know how these cases work: we've helped hundreds of students defend themselves over the years. Whether you've been accused of buying a paper from a paper mill or committing some form of domestic abuse, we'll make sure you're treated fairly.
Academic Dismissal Cases
Academic dismissal cases can be considerably different from misconduct cases. For one thing, there's no need for an investigation and hearing. Your “guilt” in such cases isn't in question. You either have a high enough GPA, or you don't.
That doesn't mean you should just give up in these cases. There are ways to stave off dismissal when it comes to academics, too. For example,
- Cal Poly offers a reinstatement process if you're willing to complete an academic contract. The attorneys at the Lento Law Firm can guide you through this process and make sure you look your best on paper.
- Extenuating circumstances can be grounds for more time to improve. If you're facing dismissal as a result of low grades, contact your college dean and advise them of your situation.
- Low grades are sometimes indicative of a larger underlying problem: a learning disability. If you discover you have one, you can petition the school to let you drop low grades from your GPA and retake those courses without penalty.
Fighting for Your Future
If you should wind up dismissed from Cal Poly, it likely means the end of your educational career. Few schools are willing to admit a student who has been dismissed elsewhere. In short, there's a lot on the line in a dismissal case, and you can't afford to try and handle it alone.
Luckily, you don't have to.
The Lento Law Firm was built to help students. We're committed to protecting your rights and to getting you every reasonable opportunity to complete your degree.
Our Student Defense Team knows how to negotiate with faculty and administrators, but we can also be fierce when we need to. Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, use our automated online form.
