One thing's for certain if you're a college student—you've made your fair share of mistakes. That's sort of what college is about. You explore course subjects, you explore who you are, you explore the world, and exploration can be messy.
The Lento Law Firm is committed to the proposition that a mistake—or two or three mistakes—shouldn't prevent you from earning your degree at Florida Gulf Coast University (FGCU). Or, maybe you didn't actually make a mistake in this instance. Maybe you're the victim of a genuine misunderstanding or a false accusation. It happens.
Whatever your situation, if you find yourself in trouble at FGCU, and if someone has mentioned the possibility of dismissal to you, the Lento Law Firm's Student Defense Team can help. We know what the law has to say about how universities treat students, we know what FGCU's own policies have to say, and we're ready to use what we know to fight for your rights.
To find out more, including how we can help with your specific case, call 888-535-3686, or take a few minutes right now and fill out our online form.
Reasons for Dismissal from Florida Gulf Coast University
If you've been charged with an offense at FGCU, the first thing you need to know is the exact nature of the charges. You cannot hope to defend yourself if you don't know what you've been accused of doing. That's especially true if you're entirely innocent of the charges since you genuinely don't know anything about the allegations.
There are four types of offenses at FGCU that can get you dismissed.
- Academic Misconduct: You're a student, so it should come as no surprise to you that FGCU holds you to high standards in the classroom. Cheating, plagiarism, and any other sort of offense that might potentially give you an unfair advantage in earning your degree are all explicitly prohibited under the university's Academic Integrity policy. First offenses are usually sanctioned with in-class penalties, like lowered grades. Serious and multiple offenses, though, can lead to dismissal.
- Disciplinary Misconduct: Of course, you're not just a student at FGCU. You're also a member of the FGCU community. As such, you're subject to more general campus rules. These are collected in the Student Code of Conduct and include offenses like violence, vandalism, misuse of computer resources, and hazing. Any offense can lead to dismissal, but many, such as weapons possession and assault, almost always lead to dismissal.
- Sexual Misconduct: This is another offense that usually results in dismissal. FGCU's policy is mandated by federal law under Title IX, and the university is required by that law to investigate all credible complaints of misconduct.
- Academic Deficiencies: Finally, you should be aware of FGCU's SAP (Satisfactory Academic Progress) policy. The university doesn't dismiss students for low grades. However, under the SAP policy, you can lose your financial aid if your GPA falls below 2.0 or the university decides you aren't making "satisfactory progress" toward your degree. Students who lose such support often find it difficult to continue their studies.
Misconduct Defenses
You're facing the threat of dismissal at FGCU. What do you do? That depends on the situation. If you've been accused of some form of misconduct, though, you have the right to defend yourself and a number of additional due process rights to help you do that.
Here's how the process works.
- Cases begin when someone—another student, an instructor, an administrator, or another member of the campus community—makes an allegation against you.
- If the university issues formal charges against you, you'll be issued a Notice of the Charges. This document should identify your accuser and explain the exact nature of the allegations.
- Notice of the charges is one of your rights. You also have the right to a presumption of “Not Responsible” to review the evidence against you and to avoid the possibility of self-incrimination. One of your most important rights is the right for someone to accompany you to meetings and proceedings. You further have the right to choose an attorney to serve in this role. In fact, your Lento Law Firm attorney is allowed to participate fully in the investigation and hearing.
- Next, the university initiates an investigation. Even in the case of academic misconduct, FGCU must collect evidence to prove the charges against you. Without that evidence, you remain “Not Responsible” for the offense.
- Investigators are tasked with creating a full report of their findings. This report is forwarded back to the university. The university then sets a time and date for a hearing.
- The hearing is your opportunity to defend yourself in a formal way. You may introduce evidence, and you may call witnesses to testify. You also have the right to cross-examine any witnesses testifying against you. Of course, the other side in the case has these same rights.
- At the conclusion of the hearing, decision-makers determine your level of Responsibility (guilt). To do this, they use a legal standard known as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” “preponderance” requires decision-makers to find you guilty if they are more than fifty percent convinced of your guilt.
- Finally, you have the right to appeal the hearing outcome. However, there are limits on this right. Appeals must be based on some issue of unfairness, such as a due process error, an allegation of bias on the part of a decision-maker, or the discovery of previously unknown evidence.
FGCU is relatively unique among colleges and universities in its willingness to allow attorney's to participate fully in the adjudication process. Your attorney can make arguments on your behalf, raise objections, and conduct witness examinations and cross-examinations.
You want to make the most of this right by hiring a Lento Law Firm attorney. The Lento Law Firm is the premier firm in the country when it comes to protecting student rights. We're specifically focused on defending students from misconduct charges, and we'll make sure you get the very best possible resolution to your case.
Dealing With SAP Policies
It can sometimes be a bit tricky responding to SAP violations. If you've already lost your financial aid as a result of academic deficiencies, you can appeal. However, you must have some extenuating circumstances—and illness, for instance, or a family emergency—to explain your GPA, and you must have concrete evidence of these circumstances.
The Lento Law Firm can help you gather this evidence and draft your appeal. Should you win your case, you then gain a probationary semester of financial aid, a chance to get your grades back up.
If you haven't yet reached this point, though, your Lento Law Firm attorney may be able to keep you out of trouble in the first place. We know a number of strategies for keeping your GPA out of the danger zone. For example,
- If you consistently struggle in your courses, it could be you have a learning disability you don't know about. Your Lento Law Firm attorney can get you tested, and if you need them, make sure you have proper accommodations in all of your courses. We can also petition the university to drop low grades from your GPA. That will help you hang on to financial aid while you retake those courses.
- It sometimes happens that instructors don't treat students fairly for one reason or another. Here again, your Lento Law Firm attorney can help you file a complaint with your instructor's department head and work with you to file an official grade appeal.
- Maybe the easiest way to pull up your GPA is simply to ask instructors for extra credit or makeup assignments. One extra lab assignment could be all you need to bring that C in chemistry up to a B.
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.
