Students don't always take the threat of college dismissal seriously. Sure, it's frustrating to wind up kicked out of your school, but you can always just transfer somewhere else, right? Actually, not so much. Dismissal from CUNY Baruch includes a transcript notation that explains exactly why you were dismissed. Whether you were found Responsible for stalking or you just couldn't manage to keep your grades up, that notation will discourage most other colleges and universities from accepting your application.
If you're in trouble, and someone has mentioned the possibility of dismissal, you need help. The best possible help you can find. You need someone from the Lento Law Firm. Our Student Defense Team is committed to the prospect that all students deserve fair treatment and a chance to earn their degrees. We back up that commitment with a background in education law and a clear understanding of exactly how campus administrative and judicial systems operate.
What can we do for you? Find out by calling 888-535-3686, or take a few minutes right now and fill out our online form.
Reasons for Dismissal from CUNY Baruch College
First things first: what is it that can get you dismissed from CUNY Baruch? It turns out there are basically only four general types of offenses, though each one includes a number of specific possible violations.
- Academic Standing: You're a student, and job one is learning. It shouldn't surprise you, then, that CUNY Baruch can dismiss you if you're not doing that. The school's academic misconduct policy requires you to maintain a GPA above 2.0. If you can't do that, you'll find yourself on probation, and probation is just one step away from dismissal.
- Academic Misconduct: You're also subject to a strict academic misconduct policy. Cheating, plagiarism, and any other type of classroom dishonesty can get you into serious trouble. First offenses can result in course sanctions like lowered grades. Second and additional offenses can get you dismissed.
- Disciplinary Misconduct: Perhaps the most common reason students find themselves dismissed is for simple basic disciplinary misconduct, such as trespassing, theft, and assault. CUNY Baruch's Code of Conduct contains rules about everything from underage drinking to hazing. Any violation can lead to dismissal if it is serious enough.
- Sexual Misconduct: Sexually-based offenses are almost always punished with dismissal. Investigating and adjudicating allegations isn't just a matter of school policy. Under Title IX, sexual misconduct is prohibited by federal law.
Misconduct Defenses
You cannot simply be dismissed from CUNY Baruch because someone levels an accusation against you. There are processes and procedures in place to ensure you're treated fairly and that you have the chance to defend yourself.
If you've been accused of misconduct, whether academic, disciplinary, or sexual, the college must conduct an investigation, and it must allow you a formal hearing. Here's how those processes work.
- Most cases begin with a complaint. This could be lodged against you by a specific individual (Complainant), or the university itself could decide to initiate an investigation into your behavior.
- If you are under investigation, the college should provide you with a Notice of the Charges. That Notice should include a summary of the allegations and a list of your due process rights, such as the right to a presumption of innocence (“Not Responsible”) and the right to review the school's evidence against you.
- You also have the right to an advisor, and this advisor can be an attorney. A Lento Law Firm attorney can't speak for you, but they can accompany you to all investigative meetings and hearings to help you respond to questions.
- Investigators will allow you to give your side of the story. They'll also speak with the Complainant, if there is one, and any potential witnesses, and they'll collect physical evidence.
- Investigators will ultimately compile their evidence into a written report and submit it back to the university. The university then sets a time and date for a hearing.
- The hearing is your chance to make your case before one or more trained decision-makers. You're allowed to make an opening and closing statement, to introduce evidence, and to call witnesses to testify. You may also cross-examine any witnesses against you. Of course, the other side in the case gets to do the same.
- Once both sides have made their cases, decision-makers must determine whether or not you are Responsible for (guilty of) an offense. They apply a legal standard known as "preponderance of the evidence," which requires they find you guilty if they believe it is "more likely than not" that you committed a violation.
- You can appeal the hearing outcome, but you must have “grounds,” some reason why you believe you didn't receive a fair hearing. Grounds at CUNY Burach are limited to
- Procedural error
- New evidence
- Disproportionate penalty
Your charges may dictate how your case proceeds within this general framework. For example, sexual misconduct cases are usually subject to federal Title IX guidelines. Those state that only advisors may question witnesses. In all other cases, decision-makers typically ask the questions.
You can count on your Lento Law Firm attorney to know all rules and regulations, though, and to help guide you through the process from start to finish. In addition to accompanying you to official meetings, they'll work with you to build a defense, help you gather evidence, draft any necessary documents, suggest questions for witnesses, and even coach you in presenting your case.
Academic Dismissal Cases
Academic dismissal cases are considerably different than misconduct dismissal cases. You are subject to judicial process in these cases but to an administrative process, and there's not a lot of room to challenge decisions, at least not in any formal way. CUNY Baruch doesn't offer an appeals process, for example.
However, your Lento Law Firm attorney can suggest a number of ways to protect yourself from these types of dismissals. For instance,
- You can appeal directly to the dean if you've been dealing with extenuating circumstances. A long-term illness or a family emergency could be grounds for more time to improve before you're dismissed.
- If you consistently struggle to pass your courses, you might try visiting with disability services. If you have an undiagnosed disability, you can ask the school to drop low grades from your transcript and allow you to retake those courses once appropriate accommodations are in place.
- You always have the option of asking instructors for extra credit or makeup work. An extra lab assignment or a research paper could be enough to raise your grade in the class and, thus, your GPA.
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.
