In trouble at Cal State Poly? Has someone mentioned the big “D” word? Dismissal? You have to take the situation seriously. You can't just transfer your way out of this kind of trouble. Few schools are willing to take a risk on admitting a student who's already been dismissed from another university. The bottom line is that dismissal could mean the end of your academic career, and that will almost certainly have repercussions on your career.
What does taking it seriously mean in this situation?
It means doing your research—finding out what the charges against you mean and learning all you can about your school's judicial system. It means preparing yourself by gathering evidence and working out a defense strategy. Most of all, though, it means knowing how to get help. A dismissal defense is too serious to try and handle all by yourself. You need the Lento Law Firm on your side. The attorneys at the Lento Law Firm understand what you're up against. They also know how Cal State Poly operates. Worried about your future? Contact the Lento Law Firm today at 888-535-3686, or use our automated online form, and find out what we can do for you.
Reasons for Dismissal at Cal State Poly
There are dozens of reasons your university might decide to dismiss you, far too many to list them all here. However, most of them can be gathered into four simple categories. Know these, and you should be able to avoid most problems.
- Academic Performance: It won't surprise you to learn that you can be dismissed from Cal State Poly for academic deficiencies. After all, you came to the school to study. The university's Academic Standing policy requires all students maintain a minimum 2.0 cumulative GPA. Fall below this number, and you'll be placed on Probation. Continue to struggle while on Probation, and you can also be Disqualified.
- Academic Misconduct: Cal State Poly doesn't just expect you to excel in the classroom. It expects you to maintain the highest standards of academic integrity as you do so. Cheating, plagiarism, and any other action that could potentially give you an unfair advantage in completing your coursework, are expressly prohibited by the university's Academic Integrity policy. Here again, a first offense probably won't lead to dismissal. A second offense can, though.
- Disciplinary Misconduct: Outside the classroom, you behavior is governed by Cal State Poly's Student Conduct Code. Here you'll find rules about things like underage drinking, trespassing, and disorderly conduct. Any violation can result in dismissal if it's serious enough.
- Sexual Misconduct: Sexually-based offenses almost always result in dismissal. Such offenses are subject to Title IX, a federal law, and schools are required to investigate all credible complaints.
Misconduct Procedures
It's important that you know: you're under no obligation to accept dismissal for a misconduct charge. You always have the right to defend yourself. Cal State Poly offers a process for doing that.
- Cases begin with a complaint lodged either with the Office of Student Conduct and Integrity (SCI) or, in the cases of a Title IX allegation, the Title IX Coordinator.
- If the university decides to issue a formal charge, you'll receive written Notice of the Charges. This document should detail the allegation and provide a list of your due process rights.
- Among your rights, you're entitled to choose an advisor, someone to help you prepare your case and to accompany you to meetings and proceedings. This advisor can be an attorney, which means someone from the Lento Law Firm can be beside you every step of the way.
- Once it has issued Notice of the Charges, the university will conduct an investigation. This could be as simple as gathering the documents related to a plagiarism charge, or it could last several months and include witness interviews and the collection of physical evidence.
- Investigators summarize their findings in a written report. This report becomes the foundation of the next phase of the case: a hearing.
- The hearing is your opportunity to present your full defense. You make opening and closing statements. You may submit evidence. You have the right to call witnesses to testify and to raise questions for any witnesses against you.
- Once both sides have made their cases, decision makers then deliberate as to your level of “Responsibility” (guilt). They use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible if they are more than fifty percent convinced you committed an offense.
- You also have the right to appeal the hearing outcome. However, the grounds for appeal are strictly limited to
- Procedural error
- The discovery of new evidence
- Sanction that is disproportionate to the nature of the offense.
This general outline applies to all cases. However, cases can differ in small but important ways depending on the exact nature of the charges. For instance, in Title IX sexual misconduct cases, only student advisors may cross-examine witnesses. In all other cases, questions are posed by the decision maker presiding over the hearing, though both sides are allowed to suggest questions.
The Lento Law Firm's Student Defense Team is well-versed in all of Cal State Poly's judicial procedures, and they can guide you through the process no matter what charges you might be facing.
Academic Dismissal Cases
There are no investigations in academic dismissal cases and no hearings. Decisions are virtually automatic and are based almost exclusively on your GPA.
Nevertheless, there are ways to deal with the threat of an academic dismissal. The attorneys at the Lento Law Firm know the Cal State Poly system inside and out, and they know a number of informal strategies for defending yourself, even in these cases. For example:
- You always have the option of asking instructors for extra credit or makeup assignments. You may have to take an Incomplete while you finish theses assignments, but an I doesn't count against your GPA the way an F does.
- If your deficiencies are the result of extenuating circumstances, such as a hospitalization, you can try appealing directly to your school or college dean for more time to improve.
- You always have the right to fair treatment in the classroom. If you feel an instructor is mistreating you, you should report that to your instructor's department head immediately.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team have dealt with everything from plagiarism allegations to rape 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. Most importantly, no matter what problem you're facing, they are on your side and will do everything in their power to get you the very best possible resolution to your case.
To find out more about what the Lento Law Firm can do for you, contact the firm today, at 888-535-3686, and find out just what we can do to help. Or, use our automated online form.
