There's really no way around it: college is tough. It's not just that you have to keep your GPA up, though that's certainly true. Fullerton College keeps a close eye on all your activities, both in and out of the classroom, and you can face stiff penalties for even small mistakes. What kinds of penalties are we talking about? Probation, suspension, and even dismissal.
If you're facing dismissal, you need to recognize that the situation is serious. Dismissal from Fullerton likely means the end of your academic career, and that means heading out into the job market without a degree. Few schools are willing to accept a student who's already been dismissed from another school.
A serious situation requires a serious response. You need to know about the Fullerton system, especially how administrative and judicial procedures work. Even that's not enough, though. You're going to need help—the best help you can find.
The Lento Law Firm's Student Defense Team is dedicated to the proposition that all students deserve fair treatment. We don't just believe that, though. We're prepared to back that belief up. We know the law; we know how Fullerton operates, and we're prepared to use what we know to protect you and your rights. If someone has mentioned dismissal to you, don't wait to find out what will happen. Act now to protect your future. Contact the Lento Law Firm at 888-535-3686 or use the firm's automated online form.
Reasons for Dismissal from Fullerton College
Before we talk about investigations and hearings, let's talk about just what can get you into trouble at Fullerton College. Obviously, knowing the expectations can help you avoid making mistakes. Just as important, though, you can't hope to properly defend yourself unless you know exactly what you've been charged with doing. That's especially true if you're innocent.
At Fullerton, there are four categories of offense that can get you into enough trouble to warrant dismissal.
- Poor Academic Performance: Your job as a student is to study and learn. To help make sure you do that, Fullerton maintains an academic standing policy. This policy defines what's necessary to make progress at the college, and it describes the penalties you face when you don't make that progress. Anything below a 2.0 grade point average means you're placed on Academic Warning status. Should you continue to struggle, you can also face complete dismissal from Fullerton.
- Academic Misconduct: Just as important as earning good grades is earning them honestly. In addition to its academic standing policy, Fullerton has a strict set of Standards that govern all student conduct. The third item on the list is a prohibition against all forms of “academic dishonesty,” including both cheating and plagiarism. First offenses are usually punished with in-class sanctions, such as lowered grades. A second offense, though, can result in dismissal.
- Disciplinary Misconduct: Fullerton's disciplinary standards go beyond academic misconduct to include a wide range of offenses, everything from trespassing to stealing to possession of explosives. Any violation can get you dismissed. Some, like drug or weapons possession, almost always result in dismissal.
- Sexual Misconduct: Finally, Fullerton also abides by federal law regarding sexual discrimination and harassment. Title IX requires colleges to investigate all credible complaints of sexual misconduct, and it encourages schools to institute harsh penalties. In these cases, dismissal is the most likely punishment.
Misconduct Procedures
How do you defend yourself from dismissal? That depends on the nature of the dismissal. If you've been accused of some form of misconduct—academic, disciplinary, or sexual—you are entitled to due process. In other words, the school can't simply dismiss you. It must have a set of procedures in place allowing you to defend yourself.
- Most cases begin with a Complaint lodged against you with the university. Schools aren't criminal courts, so you're not labeled a “defendant.” Instead, you're referred to as the “Respondent.” Likewise, the school isn't interested in “guilt” and “innocence” but rather in whether or not you are “Responsible” for a policy violation. If you're found Responsible, though, it can often mean dismissal.
- If you've been officially charged, Fullerton must provide you with a written Notice of the Charges. This notice should describe the exact nature of the allegation and list all of your due process rights.
- In most cases, Fullerton does not allow you to be represented by legal counsel. However, the college does not bar you from bringing someone with you to proceedings who can offer you advice. This means an attorney from the Lento Law Firm can work with you from the very moment you've been charged.
- Investigators usually begin by meeting separately with both sides in the case. This is your first chance to give your side of the story. In addition, they'll interview any other witnesses to the incident and collect any physical evidence.
- Once they've completed their investigation, investigators submit their work to the college. The college then sets a date and time for a hearing and appoints one or more decision-makers to preside over the case.
- The hearing provides you with the opportunity to present your full case. You may submit evidence, call witnesses to testify, and raise questions for anyone testifying against you.
- Hearing decisions are based on a legal standard known as “preponderance of the evidence.” Less strict than “beyond a reasonable doubt,” it requires decision-makers to find you “Responsible” (guilty) if they believe you “more likely than not” committed an offense.
- You also have the right to appeal the hearing outcome. However, Fullerton limits the grounds for appeal to
- Procedural irregularities affecting the outcome
- Clear bias on the part of a decision-maker
- The discovery of new and relevant information
All misconduct cases follow this general outline. However, how cases unfold can differ depending on the specific nature of the charges. For example, you have the right to cross-examine the Complainant (your accuser) in Title IX sexual misconduct cases, but only in these cases. In all other cases, an examination is limited to witnesses.
Whatever the specific nature of your case, you can count on the attorneys at the Lento Law Firm to know the rules and procedures you'll be facing and to guide you through the process from the moment you're charged until you've exhausted your very last appeal.
Academic Dismissal Cases
Academic dismissal cases work somewhat differently than misconduct dismissal cases. Dismissal is usually based on objective facts—your GPA—and thus is not subject to challenge or debate. Nevertheless, there are some strategies for responding to these dismissals as well. For instance,
- If your low grades are the result of extenuating circumstances, such as a death in the family or a personal emergency, you can appeal to the academic dean. You may be able to get more time to improve rather than dismissal.
- Some faculty are willing to consider makeup or extra credit assignments, especially for students with borderline grades. One extra lab assignment or a paper rewrite could be enough to avoid dismissal.
- If you should discover you have a previously undiagnosed learning disability, you can ask the college to set aside your low grades and let you retake those courses with appropriate accommodations in place.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line. If you wind up dismissed from Fullerton College, you'll find it difficult to find another school to take you.
The Lento Law Firm was built to help students. We're committed to the proposition that you deserve fair treatment and that a mistake shouldn't cost you your chance to earn a degree.
Our Student Defense Team knows how to negotiate with faculty and administrators, but we can also be fierce when we need to. Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, use our automated online form.
