There's no coming back from dismissal. There's no coming back to CUNY Brooklyn—dismissal means permanent separation from the university. But there's also no coming back academically. You can't just transfer to another school and move on. Dismissal comes with a transcription notation about the nature of your offense, and most schools don't want to take the risk of admitting a student with a record of academic or disciplinary problems. In short, dismissal almost always means heading out onto the job market without a degree.
Here's the good news: if you're in trouble—if someone at CUNY Brooklyn has mentioned the possibility of dismissal to you—you don't have to simply accept your fate. There's help out there.
The Lento Law Firm's Student Defense Team was created to help students get the rights they deserve. We don't believe a mistake or two should cost you your chance at a degree. We certainly don't believe you should have to pay for misunderstandings, unfair treatment, or false allegations. We're on your side and ready to fight for your future.
What can we do? Call 888-535-3686 to find out, or take a few minutes right now and fill out our online form.
Reasons for Dismissal from CUNY Brooklyn
Surviving at CUNY Brooklyn requires you to know the rules. You need to know exactly what can get you dismissed and how to avoid problems.
- Academic Standing: Your very first concern has to be meeting academic standards at CUNY Brooklyn. You enrolled to get an education, and that should be your focus. To help make sure it is, the university maintains an academic standing policy that sets standards you must meet to make steady progress toward your degree. Good standing means you're keeping your term and cumulative GPA above 2.0. Should they fall below that number, you are placed on probation. Should they continue to fall while on probation, you can also wind up dismissed entirely.
- Academic Misconduct: It's not enough to earn your degree at CUNY Brooklyn. You must do so honestly. The CUNY Integrity Policy, which governs all schools in the system, outlaws cheating, plagiarism, and any other effort to “obtain an unfair advantage.” As with the standing policy, you won't face dismissal the moment you find yourself in trouble. The university does punish second and further offenses with dismissal, though.
- Disciplinary Misconduct: You're subject to yet another policy as well: your Student Handbook provides a lengthy list of rules that have nothing to do with coursework—things like misuse of computer resources, drug possession, and assault can get you into serious trouble, and sometimes even lead to dismissal.
- Sexual Misconduct: This type of offense almost always leads to dismissal. That's why it's subject to its own policy, even though it is technically a form of disciplinary misconduct. In addition, you should know that most sexual misconduct offenses are violations of federal law under Title IX and are subject to special rules when it comes to investigations and hearings.
Misconduct Defenses
Academic dismissals are unique and subject to their own administrative rules. If you're facing a misconduct dismissal, though, the processes and procedures generally work the same, whether the allegations have to do with academic, disciplinary, or sexual misconduct.
- Cases typically start with a complaint. That complaint might be made either to the chief student affairs officer or, in the case of sexual misconduct allegations, the Title IX Coordinator.
- You have a number of important due process rights if you are accused of an offense. The first of these is the right to Notice of the Charges. This notice should identify your accuser, if any, describe the allegations, and list your other due process rights. For instance, you also have the right to a presumption of innocence ("Not Responsible), to review all evidence in the case, and to choose an advisor to help you prepare and deliver your case. Importantly, your advisor can be an attorney, which means someone from the Lento Law Firm can begin helping you defend yourself from the very beginning of your case.
- You should expect the university to conduct some form of investigation. As part of this investigation, investigators will invite you to present a statement, and they'll talk to your accuser. In addition, they'll visit with any witnesses and collect physical evidence.
- Investigators have the job of collecting all the relevant facts in the case. They put everything they find into a written document and submit this back to the university. The university then sets a time and date for a hearing.
- At the hearing, one or more decision-makers oversee proceedings. Both sides get the chance to make their cases. You may submit evidence, for example, and call witnesses. You may also raise issues with any of the other side's evidence and cross-examine any of their witnesses.
- A CUNY Brooklyn hearing isn't like the court cases you see on TV. One of the most important differences is that decision-makers don't have to find you guilty (Responsible) “beyond a reasonable doubt.” They're trying to decide whether it is “more likely than not” that you committed an offense. That's a far lesser standard.
- You have the right to appeal the hearing outcome, but there are important restrictions on this right. First, you are not entitled to an appeal hearing. Instead, you submit a written appeal with evidence, and a single official, the CUNY Brooklyn president, reviews it. You must file this appeal within 15 days of the end of your hearing. And you must have grounds—either new evidence, a procedural error, or a disproportionate sanction.
Again, this general outline applies to all misconduct cases at CUNY Brooklyn. However, cases can differ in small but important ways depending on the nature of the charge against you. For instance, only decision-makers may ask questions of witnesses in academic and disciplinary misconduct cases. In Title IX sexual misconduct cases, though, only advisors may cross-examine witnesses. That's a crucial difference that can impact how a case unfolds.
You can trust your Lento Law Firm attorney to know how all judicial procedures at CUNY Brooklyn work, to prepare you for whatever you will face, and to use the process to your best benefit.
Academic Dismissal Cases
Academic dismissal cases work considerably differently than disciplinary misconduct cases. There's no investigation. There's no hearing. Decisions are based almost exclusively on your term and cumulative GPAs. There's not even a process for appealing these dismissals.
You can fight these dismissals, though, and the Lento Law Firm can help. The Lento Law Firm attorneys have defended hundreds of students, and along the way, we've learned a number of tips and tricks for staving off the threat of academic dismissal. For instance,
- If you consistently struggle to keep your GPA up, you should get yourself tested for learning disabilities. If you have ADD, ADHD, or some other disability, you are entitled to special accommodations in many of your classes. Your Lento Law Firm attorney can also work with you to file a petition with the university to set aside your low grades. Then you can retake those courses without penalty.
- While there is no formal appeals process for academic dismissal at CUNY Brooklyn, if you have any extenuating circumstances, such as a family crisis or a long-term illness, you can present your case to your college dean. This may be grounds for extended probation.
- Some faculty are willing to assign makeup work and extra credit. If you have a borderline grade, this can be an easy way to raise your GPA and avoid dismissal.
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.
