College and university students don't always like to talk about the possibility of dismissal. It feels like bad luck. The fact is, though, that Mississippi State University dismisses dozens of students every year. You can't know when it might happen to you, and if you're not prepared, it can be hard to defend yourself.
What do you need to know?
- First and foremost, you need to know the rules at MSU. Just what can get you dismissed, and how do you avoid getting into trouble?
- Next, you need to know what the process is for defending yourself because sometimes trouble comes looking for you despite your best efforts.
- Finally, you need to know how to get help. A dismissal decision is serious, and university processes and procedures can be difficult to navigate. You need someone who can help guide you through it and make sure you're treated fairly every step of the way.
We'll talk about all three of these points below, but let's start with the last one. If you're facing dismissal of any kind, the Lento Law Firm can help. The Firm's Student Defense Team was founded to protect student rights and make sure every student has a reasonable chance to earn their degree. We know the law; we know MSU's system, and we're ready to put what we know to work for you. To find out more about how we can help, contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Reasons for Dismissal from Mississippi State University
There are actually dozens of different reasons MSU might decide to dismiss you. However, almost all of them can be grouped into one of four categories.
- Poor Academic Performance: Students are sometimes surprised to learn they can be dismissed simply for low grades. MSU has a strict academic standing policy, though, that requires you to maintain a minimum 2.0 GPA. Anything below that, and the university places you on Probation. Continue to struggle, and you can also face Suspension and eventually Dismissal.
- Academic Misconduct: The pressure to earn good grades drives some students to take shortcuts. You should know, though, that cheating and plagiarism can get you dismissed as quickly as a poor GPA. According to the MSU's Honor Code, first offenses are normally handled with in-class sanctions. If you're caught in a second offense, though, dismissal is certainly an option.
- Disciplinary Misconduct: You can also be dismissed for more general campus offenses, such as trespassing and theft. The Code of Student Conduct contains a long list of potential offenses, any one of which could result in dismissal if the violation is serious enough.
- Sexual Misconduct: Sexually-based offenses are almost always punished with dismissal. On-campus incidents are typically subject to Title IX, a federal law that prohibits discrimination and harassment. Title IX requires schools to investigate all credible complaints. It also encourages schools to utilize severe sanctions.
Misconduct Procedures
You know the rules; you do everything you can to follow them. That may not be enough to keep you out of trouble. Mistakes happen, misunderstandings happen, and sometimes false allegations happen. What do you do when they happen?
You have the right to defend yourself from any allegation of misconduct, though rules and procedures can be complex. Here's how the process typically works.
- In most instances, cases begin when someone makes an allegation, either to the Honor Code Council, the Conduct Board, or the Title IX Coordinator.
- The university must provide you with a Notice of the Charge. This notice should include an explanation of the accusation and a list of your due process rights, like the right to a presumption of “Not Responsible” (innocent).
- The university conducts some form of investigation. That investigation can be short—in academic misconduct cases, it might simply involve talking with the instructor who made the allegation. Sometimes, though, investigations take weeks or months to complete. That's often the case, for instance, in sexual misconduct cases.
- Investigators typically 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 gather any physical evidence and talk with any witnesses.
- Investigators are tasked with compiling all their findings into a summary document, which they then submit to the university. The university then sets a time and date for a hearing and appoints a board or decision maker to preside over this hearing.
- Much like a criminal court case, a hearing affords you the opportunity to argue your innocence. You may submit evidence, call witnesses to testify, and raise questions for witnesses against you. The other side gets to do the same.
- Decision makers then deliberate as to your level of Responsibility. A hearing is not a court case, so they aren't required to use the “beyond a reasonable doubt” standard to make their decisions. Instead, they must find you “Responsible” if they are more than fifty percent convinced of your guilt. This is known as the “preponderance of the evidence” standard.
- You can appeal hearing outcomes, but in most instances, grounds for appeal are limited to issues like the discovery of new evidence and procedural errors.
While all misconduct cases follow this general outline, there can be important differences between them based on the nature of the charges. You have the right to an advisor, for example, in both disciplinary and sexual misconduct cases. This advisor can be an attorney. In sexual misconduct cases, your advisor must conduct all cross-examination on your behalf. On the other hand, academic misconduct procedures make no mention of your right to an advisor, suggesting you may be required to represent yourself.
Whether someone from the Lento Law Firm can accompany you to meetings and hearings, though, a Lento Law Firm attorney is crucial to your defense. They can work with you to develop your arguments, help with drafting documents, collect and organize evidence, and even help you prepare your presentation.
Academic Dismissal Cases
If your dismissal is on academic grounds, you'll find the processes and procedures considerably different. After all, your GPA isn't in question. It either is or isn't above 2.0, and there's no need for an investigation or hearing to find out.
However, the Lento Law Firm knows some useful strategies for protecting you from dismissal in these cases as well. For instance,
- MSU maintains an appeals process for students in “unusual circumstances.” If your academic deficiencies are the result of something like a serious bout of depression or a family crisis, you may be able to get more time to improve.
- Some instructors will assign makeup or extra credit work, especially to students with borderline grades. One extra lab assignment or a paper rewrite could earn you a higher grade and, thus, a higher GPA.
- If you're suffering any type of mistreatment in the classroom, you should report that immediately to your instructor's department head. Such mistreatment is grounds for a grade appeal.
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, use our automated online form.
