College is a serious undertaking these days. Gone are the days when you could nail the dean's furniture to his ceiling and expect to get away with it. An accusation of even a small offense, or a GPA that's dipped just a little, can be enough to get you dismissed.
Under these kinds of circumstances, you can't afford to take any allegation of misconduct lightly. At the first sign of trouble, you need to contact the Lento Law Firm Student Defense Team. The attorneys at the Lento Law Firm have handled hundreds of student dismissal cases. They know what the law has to say about your educational rights. They know how East Carolina University operates. They're committed to making sure you're treated fairly and that you have every opportunity to earn your degree.
Reasons for Dismissal from East Carolina University
If you're going to avoid dismissal, the first thing you need to know is just what can get you dismissed. This will help you stay out of trouble, but let's face it, sometimes trouble comes looking for you. When it does, it's essential you understand the charges against you.
- Academic Deficiencies: As you might expect, ECU requires you to attend class and study. To make sure you do these things, it maintains an Academic Standing policy. According to that policy, you need to keep a cumulative GPA of at least 2.0. Of course, you won't be dismissed just for falling below that number. If you consistently struggle, though, dismissal can become a real possibility.
- Academic Misconduct: Next up, you need to worry about how you complete your coursework. ECU has a strict Academic Integrity policy. An allegation of cheating or plagiarism can get you into serious trouble. Again, a first offense usually isn't enough to get you dismissed. Second offenses are, though.
- Disciplinary Misconduct: Outside the classroom, your behavior is governed by ECU's Code of Student Conduct. That Code includes rules about everything from underage drinking to misuse of computer resources to assault. Any violation can result in dismissal. Some, such as hazing, drug use, and weapons possession, almost always result in dismissal.
- Sexual Misconduct: Few allegations are as serious as one of sexual misconduct. Most offenses are subject to regulation under Title IX, a federal law, and dismissal is the most likely sanction.
Defending Yourself from Misconduct Charges
Just because someone from East Carolina University has mentioned dismissal to you doesn't mean you'll necessarily be dismissed. You have the right to defend yourself. How you do that depends on the specific nature of the accusation.
If you're facing a misconduct allegation, you can expect an investigation and a chance to make your case at a hearing.
- Typically, cases begin when someone makes a Complaint against you. Throughout the process, you're referred to as the Respondent. If you're accused of harming a specific individual, they're referred to as the Complainant. However, the university can also serve as the Complainant against you.
- If you're under investigation, you're entitled to Notice of the Charges against you. This should provide details about the allegation and a list of your due process rights.
- Among your rights, you have the right to select an advisor to help you prepare and present your case. This advisor can be an attorney. That means someone from the Student Defense Team at the Lento Law Firm can help you build your defense and accompany you to all meetings and proceedings.
- Investigations usually involve the collection of evidence and interviews with potential witnesses. In addition, both you and the Complainant should be given the opportunity to give your side of the story.
- Investigators compile their findings into a written report. Once the appropriate administrative office receives that report, it sets a time and date for a hearing and appoints one or more decision-makers to preside over that hearing.
- The structure of a hearing is similar to a court case. You make arguments, you can submit evidence, and you can call witnesses. You can also ask questions of witnesses against you. However, you should keep in mind that a campus hearing is not a legal court proceeding. There are no formal rules of evidence, for example, and the decision-makers are usually allowed to question both sides in addition to all witnesses.
- Another important difference between a hearing and a criminal court case is in how Responsibility is decided. Criminal cases are generally decided using the “beyond a reasonable doubt” standard. Campus hearings at ECU are decided using a lesser standard known as “preponderance of the evidence.”
- Finally, you can appeal the hearing outcome. However, grounds for appeal are strictly limited to
- A violation of your due process rights
- Deviation from procedural standards
It's not always easy to get justice as a student. The process can be complex. For example, different types of misconduct are subject to regulation by different administrative offices. Academic issues are handled by an Academic Integrity Review Committee; disciplinary issues are handled by the Office of Student Rights and Responsibilities; sexual misconduct is generally under the purview of the university's Title IX Coordinator. As you can imagine, it can be difficult to navigate the system, let alone follow all the various rules and procedures. The Student Defense Team attorneys at the Lento Law Firm won't just help you navigate the system, though. They know how to use all these rules and procedures to your benefit and give you your best chance of getting justice.
Academic Dismissals
As mentioned, you can also be dismissed for academic deficiencies. The process for defending yourself is somewhat different in these cases, however. Academic dismissals are almost always based on your GPA, and that isn't subject to any type of formal review.
However, the Student Defense Team attorneys at the Lento Law Firm are well-versed in all the various informal ways to deal with an academic dismissal. For example,
- A given instructor might be open to the possibility of grade negotiation. If you have a compelling argument, you might be able to convince them you deserve a higher course grade.
- If you have a learning disability, you may be entitled to course accommodations. If an instructor denies you those accommodations, you can appeal directly to Disability Services. You may even be able to appeal grades for courses you took before you discovered your disability.
- Classroom treatment can also be grounds for a grade revision. Any time an instructor treats you unfairly, you should report it to that instructor's department head or, failing that, the dean of your school or college.
Here again, you can trust the attorneys at the Lento Law Firm to help you identify the option that's best for your particular situation.
Fighting for Your Future
By this point, you probably have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento Law Firm Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm Team can do for you, contact us today at 888-535-3686 or use our automated online form.
