Case Western Reserve is a school with an amazing reputation for scholarship. Succeed there, and you can make it anywhere. That's the tricky bit, though, isn't it? The fact is, not everyone does succeed there. Case Western holds students to high standards of academic achievement and high standards of personal conduct. As a result, the school dismisses a number of students each term for everything from low grades to sexual harassment.
If you're facing dismissal, you need to know: taking on your school is not something you should ever try to do alone. Higher education is mired in bureaucracy, and every decision is subject to complicated processes and procedures. You need help from a professional—someone like National Student Defense attorney-advisor Joseph D. Lento. Joseph D. Lento has the background and experience to guide you through the complexities of a dismissal case. Having him on your side gives you your very best chance to keep your future bright.
Reasons for Dismissal at Case Western Reserve
Case Western can dismiss you for any number of reasons, far too many to list here. For the most part, though, all of them can be grouped into four basic categories.
- Academic Performance: First and foremost, you are a student at CWRU. If you can't perform to a high standard as a student, you can find yourself on probation or even dismissed. That means earning a 2.0 grade point average and completing at least 12 hours each term.
- Academic Misconduct: While you're earning that 2.0 each semester, Case Western also expects you to maintain the highest standards of academic integrity. That means avoiding all forms of cheating, plagiarism, misrepresentation, and obstruction. Serious and repeat offenses are often punished with dismissal.
- Disciplinary Misconduct: Your conduct outside the classroom is monitored almost as closely as your conduct inside it. Case Western's Code of Conduct contains eighteen separate categories of offense, including extensive alcohol and weapons policies, specific prohibitions against “theft, damage, vandalism, or littering,” and strictures on “failure to comply with directions of University officials.” As with academic misconduct, serious or repeated violations of the Code can get you expelled.
- Sexual Misconduct: Technically speaking, sexual misconduct is a form of disciplinary misconduct. However, besides being a violation of school policy, it is also a violation of federal law under Title IX, so it is generally treated as a separate category of offense. Violations are also subject to dismissal, though, and in fact, dismissal is the most common outcome in such cases.
The Adjudication Process
Case Western Reserve gives you the opportunity to defend yourself from any misconduct charge. There is some variation in how you do this depending on what type of charge you're facing. However, the overall process is generally the same.
- Cases typically begin when someone makes an allegation against you. The university must then decide whether or not to proceed with an investigation.
- Investigations can be simple. In academic misconduct cases, for example, they might involve separate interviews with both you and the instructor and the collection of any documentary evidence. In contrast, sexual misconduct investigations can sometimes be quite involved. Investigators may need to interview multiple witnesses and coordinate physical evidence collection with local law enforcement.
- Case Western affords you the right to an advisor to help you prepare and present your defense. This advisor may be an attorney. They may accompany you to any interviews or other proceedings but aren't normally allowed to speak on your behalf.
- Once an investigation is complete, investigators submit a written report, which becomes the foundation of the subsequent hearing.
- The hearing is a chance to present your side of the case. You may offer evidence and call witnesses to testify on your behalf. Of course, the Complainant has the right to do the same.
- Once both sides have made their cases, decision-makers deliberate as to whether or not you are “responsible for” (guilty of) an offense. In doing so, they use a legal principle known as “Preponderance of Evidence.” According to this principle, they must find you responsible if they believe it is “more likely than not” that you committed a violation.
- If you're found responsible, decision-makers also determine the appropriate sanction to apply.
Again, all cases follow this general outline, but there are some key differences, especially when it comes to sexual misconduct charges. Because these are governed by federal law, you have some important due process rights you don't get in other types of cases. For instance, you have the right to review the investigative report and suggest revisions before the hearing begins. In addition, you may—through your advisor—cross-examine the Complainant and any witnesses against you. In other kinds of cases, decision-makers ask all the questions.
Appeals Processes
In addition to the right to a thorough investigation and a formal hearing, you also have the right in misconduct cases at CWRU to file an appeal of the hearing outcome.
However, this right is somewhat limited. First, you must file your appeal within five days of being notified of the hearing outcome. In addition, you may only file your appeal on certain grounds, including
- New evidence
- Procedural error
- Disproportionate sanction
Academic Dismissal Cases
Cases involving dismissal for academic reasons aren't treated the same as misconduct cases. Generally speaking, there's no need for an investigation or a formal hearing, as the facts—your GPA and the number of credits you've earned—aren't open to debate.
However, Case Western does encourage students to submit a statement explaining any reasons for their academic deficiencies, and these are carefully weighed by the Academic Standing Board. Extenuating circumstances are often grounds for an additional probationary semester rather than dismissal.
There are other ways to address these types of dismissal as well. For instance, it may be worth meeting directly with a professor to discuss your grades. If, for instance, you showed progress over the course of the semester, or your final exam score was higher than your cumulative grades, you may be able to convince them to raise your final grade. Even in these instances, though, it can be useful to consult an attorney-advisor on negotiation tactics.
Fighting for Your Future
You probably already have a good sense by this point of why an attorney-advisor can be such an asset in fighting dismissal at Case Western Reserve. Procedures can be complicated and, at best, difficult to navigate.
Joseph D. Lento and his Education Law Team have dealt with everything from plagiarism issues to rape charges. They know how to negotiate with faculty and administrators; they're skilled at interviewing witnesses; they have practice putting together water-tight appeals. Most of all, though, the legal team at Joseph D. Lento and Associates is on your side. No matter what kind of problem you're facing, they'll do everything in their power to get you the very best possible resolution to your case.
To find out more about what Joseph D. Lento can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
