You're in trouble at Marshall. Someone has mentioned the "D" word—dismissal. You're feeling pretty stressed at this point, and you may not even be sure what's supposed to happen next.
Know this: you aren't alone. Whatever the allegations against you, whatever your particular situation, the Lento Law Firm is on your side. Our Student Defense Team has helped hundreds of students protect themselves and their futures. We know what you're up against and just what the stakes are. We also know how the Marshall judicial system works. We're practiced at navigating campus investigations and hearings. We're used to talking to faculty and administrators. We know how to use processes and procedures to your benefit.
It's never a good idea to try to represent yourself during a campus investigation. And you don't have to. The Lento Law Firm is here for you. Call 888-535-3686 to find out more about what we can do, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Marshall University
Part of the problem of defending yourself from the threat of dismissal at Marshall is that there are so many different reasons the university might decide to dismiss you. It can be hard to keep all the rules and regulations straight. It turns out, though, that almost every offense can be placed into one of four basic categories.
- Academic Deficiencies: As you might expect, Marshall takes academics pretty seriously. There's even an academic standing policy that sets penalties if your GPA should fall too low. You're not going to wind up dismissed just because you made a “D” or an “F” in one class. If your grade point should fall below 2.0, though, and stay there, dismissal is a possibility.
- Academic Misconduct: Likewise, you're expected to earn your degree honestly. Cheating and plagiarism are explicitly prohibited, but any action that could potentially give you an unfair advantage in completing your coursework can get you into trouble. Again, one offense probably won't lead to dismissal. A second offense can, though.
- Disciplinary Misconduct: Outside the classroom, your behavior is governed by Marshall's Student Code of Conduct. This policy deals with non-academic misconduct, such as trespassing, theft, disorderly conduct, and vandalism. Any violation can result in dismissal if it is serious enough. Some offenses, like hazing, drug possession, and violence, almost always lead to dismissal.
- Sexual Misconduct: This is another offense that is most often punished with dismissal. Among other things, sexual misconduct is barred under federal law (Title IX). As a result, Marshall takes all allegations seriously and generally issues harsh penalties to those found Responsible.
Misconduct Defenses
The threat of dismissal doesn't have to end in an actual dismissal. You have the right to defend yourself, and there are processes and procedures in place to help you do that.
If you've been accused of misconduct, for instance, Marshall must treat you as innocent (“Not Responsible”) until proven guilty (“Responsible.” The university must have clear evidence before taking action, and it must give you the chance to respond to that evidence at a formal hearing.
- Cases begin with a complaint lodged against you with either the Office of Student Advocacy and Accountability or, in the case of sexual misconduct, the Title IX Coordinator.
- If the university decides to move forward with an investigation, it will issue you a Notice of the Charges. That notice should explain the allegations and provide a list of your due process rights.
- Among your rights, you are allowed to choose an advisor, and this advisor can be an attorney. This means a Lento Law Firm attorney can be on hand for any investigative meetings to help you answer questions and give your side of the story.
- In addition to interviewing you, investigators will talk with the Complainant (your accuser or alleged victim) and any witnesses. They'll also collect any physical evidence associated with the case.
- Investigators compile all their findings into a report they submit back to the appropriate office. The university then sets a time and date for a hearing and appoints one or more decision-makers to preside over this hearing.
- The hearing affords you an opportunity to make arguments for your innocence. You have the right to introduce evidence and to call witnesses. You may also raise questions for any witnesses testifying against you.
- Marshall judicial cases are decided using a legal standard known as "preponderance of the evidence." Far less strict than "beyond a reasonable doubt," this standard requires decision-makers to find you Responsible if they believe it is "more likely than not" that you committed an offense.
- Marshall also maintains an appeals process. However, you must have sufficient grounds in order to file such an appeal. Grounds include things like procedural error, the discovery of new evidence, or an obviously disproportionate sanction.
You can expect all cases at Marshall to adhere to these basic guidelines. However, cases can differ significantly from one another depending on the nature of the charges. Title IX sexual misconduct cases, for instance, must follow the law, and the law gives both sides the right to cross-examine one another directly. That's not true in any other misconduct cases, and it can have an enormous impact on how you prepare to defend yourself.
You can always count on your Lento Law Firm attorney to prepare you for your investigation and hearing. They always know what to expect, and they can show you how to use processes and procedures to your benefit.
Dealing With Academic Dismissal
There are no clearly outlined processes at Marshall for dealing with an academic dismissal. These cases are based on your GPA, and in most instances, your grade point isn't a matter for debate. It's an established fact.
Even so, there are strategies for dealing with academic dismissals. Your Lento Law Firm attorney can help you decide which ones will be most effective in your particular situation. For instance,
- Extenuating circumstances can be grounds for additional probation. If you've been dealing with a family emergency, for instance, or a long-term illness, you can petition the dean of your college directly for more time to improve.
- Consistently low grades can be a sign of a learning disability. Such a disability can entitle you to special course accommodations like extra time to complete assignments. Your Lento Law Firm attorney can make sure you get properly tested and insist the university let you retake courses without penalty.
- Makeup and extra credit can be a quick way to improve your GPA. Not every instructor offers such assignments, but taking advantage of every opportunity can help you keep your GPA out of the danger zone.
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.
