If you're in trouble at Daytona State and someone has mentioned the possibility of dismissal to you, this isn't the sort of problem you want to handle on your own. College judicial processes can be complex, and it's no exaggeration to say that your entire future is at stake. You can't just transfer your way out of a dismissal. Your academic career could be over.
Luckily, you don't have to deal with this situation alone. The Lento Law Firm is here to help. Our Student Defense Team was founded to protect student rights, and we're always on your side. We know what the law has to say about students, and we know Daytona State's own policies. Most importantly, we know how to use that information to get you a fair and just resolution to your case.
We've helped hundreds of students defend themselves from all types of charges. We can help you to do the same. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Daytona State College
Part of the problem of staying out of trouble at Daytona State is that there are just so many rules and regulations. You can find yourself charged with anything from a low GPA to assault. How do you keep it all straight?
Luckily, almost all of the college's many rules can be grouped into four basic categories. Knowing these is a good start to defending yourself from whatever charges you may be facing.
- Academic Deficiencies: You came to Daytona State to be a student, and the college will hold you to that. The academic standing policy requires you to keep your GPA at 2.0 or better. You're not going to be dismissed the moment it does, but if you struggle consistently, that can eventually lead to expulsion.
- Academic Misconduct: Don't try cutting corners to keep your GPA up. Daytona State's academic integrity policy is just as rigid as the academic standing policy. A first offense of cheating or plagiarism can get you a lower grade. A second offense can lead to dismissal.
- Disciplinary Misconduct: Your conduct outside of class is as important as your conduct in class, if not more so. Daytona State's Student Code of Conduct outlaws things like theft, trespassing, and misuse of computer resources. Any violation can result in dismissal. Some offenses, such as weapons possession and drug distribution, almost always result in dismissal.
- Sexual Misconduct: This is yet another offense that almost always leads to dismissal. Sexual misconduct isn't just counter to Daytona State policy but to federal law under Title IX. Colleges and universities must investigate all credible complaints, and they are encouraged to issue harsh sanctions.
Misconduct Defenses
Dismissal is serious, and you always have the right to defend yourself if your career at Daytona State is on the line. If you've been charged with misconduct, whether academic, disciplinary, or sexual, the processes and procedures are clearly outlined.
- Cases begin with a complaint. The person making the complaint is known as the “Complainant.” As the accused, you are referred to as the “Respondent.” What's at issue is whether or not you are “Responsible for” (guilty of) an offense.
- If you are formally charged with an offense, you will receive Notice of the Charges. That notice will describe the allegations and advise you of your due process rights. For instance, you have the right to a presumption of innocence and the right to review all evidence in the case.
- Next, the college will undertake an investigation. You have the right to give your side of the story and to submit evidence. You can also suggest witnesses for investigators to interview.
- Once the investigation is concluded, investigators submit a written summary of their findings back to the college. The college then sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
- You may already have explained your case to investigators, but the hearing gives you a formal opportunity to present all the arguments for your innocence. You may introduce physical evidence, and you may call witnesses. You also have the right to raise questions for any witnesses testifying against you.
- All misconduct cases at Daytona State are resolved using the "preponderance of the evidence" legal standard. This means that if decision-makers believe it is "more likely than not" that you committed an offense, they are required to find you Responsible (guilty).
- As in the criminal justice system, Daytona State affords you the right to appeal a Responsible verdict. However, you must have grounds for such an appeal. Grounds can include things like an error in hearing procedures, the discovery of new evidence, or a sanction that is disproportionate to the offense.
Daytona State recognizes that college dismissal can have a profound effect on a student's professional future. As a result, the college is relatively unique in allowing students charged with dismissable offenses the right to full representation by an attorney.
It is crucial, however, that you make the most of this right. Not only should you hire an attorney, but you need to hire the right attorney. A local or family attorney won't understand the issues, and they won't have experience with campus justice.
You need a Lento Law Firm attorney. The Lento Law Firm is the premier firm in the country when it comes to student defense. Our Student Defense Team is well-versed in all of Daytona State's judicial procedures, and they know how to use them to your best advantage.
Dealing With Academic Dismissal
Daytona State offers an appeals process if you've been dismissed over academic deficiencies. Your Lento Law Firm attorney can help you file such an appeal if necessary. However, appeals must be based on extenuating circumstances, such as a serious illness or a family crisis.
Even if you can't point to such circumstances, your Lento Law Firm attorney may be able to help. For instance,
- If you suffer from a learning disability, you may be entitled to course accommodations like extra time to complete assignments. If you should discover you have a previously undiagnosed disability, you can ask the college to set aside low grades and allow you to retake those courses.
- If you've been mistreated by an instructor, you should report this to your instructor's department head. This will create a paper trail you can then use to appeal your grade.
- It is sometimes possible to negotiate a grade with an instructor. If, for example, your final exam grade was especially high, you might try asking your instructor to use it as your course grade.
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 college, 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.
