Few words can strike fear into the heart of a college student like the word “dismissal.” With good reason. Dismissal from college is a very big deal. You can't just transfer your way out of the problem. Not only will you lose your spot at CUNY Queens College if you're dismissed, but you'll also wind up with a notation on your transcript about the nature of your dismissal. Try finding another school that accepts you with that kind of transcript.
Just because someone has mentioned the possibility of dismissal to you, though, doesn't necessarily mean you'll ultimately be dismissed. You have a right to defend yourself and your record. We can help.
The Lento Law Firm's Student Defense Team was founded to ensure students are treated fairly and that they have every reasonable opportunity to earn their degrees. We don't believe a mistake—or even two or three mistakes—should stand in the way of your success.
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 Queens College
One thing you should know right up front: there are literally dozens of different reasons why CUNY Queens might decide to dismiss you: low GPA, trespassing, and even underage drinking could be enough to trigger an investigation. For the most part, though, all of these reasons can be grouped into four basic categories.
- Poor Academic Performance: CUNY Queens College expects you to study and go to class. To make sure you do those things, the university maintains what's known as an “academic standing” policy. Basically, it tells you what grade point you must maintain in order to remain enrolled. Good standing means keeping your GPA above 2.0. Anything below that, and you face probation. Struggle while you're on probation, and you face the possibility of dismissal.
- Academic Misconduct: As you're earning your grades, you must also follow the CUNY Queens College policy on academic integrity. Cheating, plagiarism, and any other form of dishonesty can earn you serious sanctions. A first offense usually means a lower course grade. Further offenses can lead to dismissal.
- Disciplinary Misconduct: Your actions outside the classroom are subject to just as much scrutiny as your actions inside the classroom. CUNY Queens follows the CUNY system's “Henderson Rules,” a set of guidelines for student behavior. These rules cover things like drug possession, weapons possession, theft, and assault. If it is serious enough, any violation of these rules can result in dismissal.
- Sexual Misconduct: These types of offenses almost always result in dismissal. Sexual misconduct isn't just counter to CUNY Queens College policy. It's a matter of law. Title IX, a federal statute, prohibits all forms of sexual discrimination, from simple harassment to stalking, dating violence, and rape. The government encourages schools to issue harsh sanctions in such cases, and the most common penalty is dismissal.
Misconduct Procedures
CUNY Queens College can't simply dismiss you over a misconduct allegation. As you would in any criminal case, you have the right to defend yourself. CUNY Queens College must conduct an investigation, and it must hold a hearing. Along the way, you have some important due process protections to make sure justice is done.
- First, someone must lodge a complaint against you before the university can charge you with a policy violation.
- If the university does decide to issue formal charges, it must provide you with a Notice of those charges. This Notice should include details about the allegation and a list of your rights.
- You have a number of basic rights, such as the right to a presumption of "Not Responsible" (innocent), the right to review evidence in the case, the right to recommend witnesses for investigators to interview, and the right to advanced notice of all meetings and proceedings. You also have the right to an advisor, and you have the right to choose an attorney to fill this role. That means your Lento Law Firm attorney can help you build your case and accompany you to investigative meetings and to the hearing.
- You can expect investigators to begin by asking you to give your side of the story. Of course, they'll also interview the Complainant (the alleged victim) and any other witnesses, and they'll collect any physical evidence.
- Investigators must submit a written report of their findings. The university then appoints one or more unbiased decision-makers to preside over the hearing.
- At the hearing, you have the right to present your full case. You may submit evidence and call witnesses to testify, and you may raise questions about the other side's evidence and cross-examine their witnesses.
- At the conclusion of the hearing, decision-makers deliberate as to your level of Responsibility (guilt). They do not have to find you responsible “beyond a reasonable doubt,” but they must believe it is “more likely than not” that you committed an offense before they can find you Responsible.
- Finally, you also have the right to appeal the hearing outcome, though your appeal must be based on specific grounds, such as a procedural error or the discovery of new evidence.
You have these rights no matter what the specific charges against you. However, you should know that cases can vary in subtle but significant ways depending on the charges. For instance, you have additional rights in Title IX sexual misconduct cases, such as the right to cross-examine your accuser.
The attorneys at the Lento Law Firm are well-versed in all CUNY Queens College judicial rules and procedures. It's our job to make sure you are fully prepared at every step of the process, to protect your rights, and to get you the very best possible resolution to your case.
Academic Dismissal Cases
In misconduct cases, the university must establish the allegations against you are true before it can dismiss you. In academic dismissal cases, on the other hand, there's nothing to establish. Dismissal is based entirely on your GPA, and that isn't normally subject to review.
However, you can count on the attorneys at the Lento Law Firm to come up with solutions in these cases as well. For example,
- You always have the option to try negotiating with your instructor for a better grade. Your Lento Law Firm attorney may be able to suggest some arguments you hadn't considered. For example, if you made real progress over the semester, you might ask an instructor to pass you even if your scores don't technically add up to a passing grade.
- If you should discover that you have a previously undiagnosed learning disability, you can ask the university to set aside your low grades and allow you to retake those courses after appropriate accommodations are in place.
- You always have the right to fair treatment in the classroom. If you feel an instructor is mistreating you, you should report that mistreatment to the instructor's department head. You may be entitled to some form of grade revision.
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.
