Colleges don't use the word “expulsion” much anymore. They use the nicer term “dismissal” or the euphemistic phrase “separation from the university.” The phrasing doesn't really matter; it all means the same thing: the end of your university career. Know this, too: you can't just transfer your way out of a dismissal. James Madison will note it on your transcript and even include an explanation of what happened. Few, if any, colleges are willing to accept a student with that kind of record.
While dismissal is definitely serious, you can fight it. And you should fight it. After all, what do you have to lose? We can help. We're the Lento Law Firm. Our Student Defense Team was created to make sure all students get fair treatment and the best possible chance to graduate. Whatever problem you might be facing, you can count on us to be on your side and to fight for your future.
To find out more about how we can help with dismissal, contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Reasons for Dismissal from James Madison University
One of the tough things about being a college student is that there are dozens of different reasons why your school might decide to dismiss you. It makes staying on your toes a particular challenge. The good news is that almost all of these reasons can be grouped into four simple categories. Know these, and you should be able to avoid most conflicts.
- Poor Academic Performance: You came to JMU to study, and you can be sure JMU will hold you to that. The university maintains a strict academic standing policy. Any time your cumulative GPA drops below 2.0, the university places you on Academic Probation. If it should drop further, you face more serious consequences, including Suspension and Dismissal.
- Academic Misconduct: Colleges and universities take academic integrity extremely seriously. The JMU Honor Code includes a long list of potential offenses. Most relate back to cheating or plagiarism in some way, but anything that could potentially give you an unfair advantage as a student could get you into trouble. First offenses don't usually result in dismissal, but second offenses frequently do.
- Disciplinary Misconduct: Beyond the walls of the classroom, your general campus conduct is governed by the JMU Standards of Conduct and Policies. Like the Honor Code, this document is lengthy, containing strictures against everything from gambling to misuse of technology. Note that any offense can lead to dismissal if it is serious enough.
- Sexual Misconduct: These offenses almost always lead to dismissal. They are among the most serious allegations any student can face and are subject to government regulation under Title IX. This is why, even though they are technically a type of disciplinary misconduct, violations are treated as their own class of offense.
Misconduct Procedures
Just as in the real world, the university can't punish you unless it can prove that you violated school policy. James Madison provides all students with some key due process rights to help make sure justice is done.
Here's how the process usually works.
- Cases begin with allegations. Title IX sexual misconduct charges are handled by the school's Title IX Coordinator. All other charges are handled by the Office of Student Accountability and Restorative Practices (OSARP).
- One of these two offices issues you a Notice of the Charges if you are under investigation. This notice should include a detailed explanation of the allegations and a list of your due process rights.
- From the moment you find out you've been charged, you need to contact the Lento Law Firm. Two of the most important rights JMU affords you are the right to bring a support person with you to meetings and hearings and the right to choose an attorney as your support person. Make full use of this right by choosing someone from the Lento Law Firm's Student Defense Team.
- Investigators usually begin by meeting separately with both sides in the case. Your Lento Law Firm attorney can be on hand to help you answer any questions, though they cannot answer on your behalf.
- Next, investigators collect any physical evidence and talk with any witnesses.
- Once they've completed their investigation, investigators submit a written summary of their findings back to the university. JMU then sets a time and date for a formal hearing and appoints one or more decision-makers to oversee the remainder of the process.
- At the university hearing, both sides have the chance to present their side of the case. You may offer up arguments, submit evidence, examine witnesses, and raise questions for any witnesses against you.
- Once both sides have presented, decision-makers use a legal standard known as “preponderance of the evidence” to determine the outcome. In simple terms, this standard requires they find you Responsible (guilty) if they believe it is “more likely than not” that you committed an offense.
- You can appeal the hearing outcome, but only on very specific grounds. These include the discovery of new evidence or an accusation of procedural error.
All misconduct cases—academic, disciplinary, and sexual—are treated using these same procedures. However, there are subtle but important differences in how different kinds of charges are adjudicated. For example, in Title IX sexual misconduct cases, both sides have the right to review the Investigative Report and suggest changes before it is submitted to the university and used in the hearing. That's not true in other kinds of cases.
Ultimately, you can trust your Lento Law Firm attorney to know all the various procedures at James Madison University. We've represented hundreds of students just like you from all kinds of charges. We'll make sure you get all the rights you deserve, and we'll help you use the system to your very best advantage.
Academic Dismissal Cases
Academic dismissal cases can sometimes be more difficult to fight. That's because, at James Madison, there are no formal appeals procedures. There are no investigations and no hearings. These dismissals are based solely on your GPA, and that isn't open to debate.
Nevertheless, there are ways to deal with these types of dismissal as well. For example,
- If your low grades are the result of extenuating circumstances—such as a bout with depression or a family emergency—you can appeal to the dean of your school or college for more time to improve.
- If you should discover you have a previously undiagnosed learning disability, you can ask the university to set aside your low grades. Then, you can retake those courses with accommodations in place.
- Some faculty are willing to assign makeup and extra credit work to students with borderline grades. However, you'll likely have to ask them directly for such assignments.
Fighting for Your Future
There's far too much on the line in a dismissal case, and the system is far too complicated to navigate and to try and handle it on your own. Luckily, you don't have to. The Lento Law Firm was built to help students. 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.
