Colleges and universities seem to take themselves more seriously every year. That's true when it comes to academics: classroom expectations have never been higher. It's equally true when it comes to the campus atmosphere. In our current political climate, schools are terrified of being labeled soft on misconduct and can often be overly zealous in pursuing allegations and overly harsh in punishing accused offenders. Is it any wonder, then, that schools like New Jersey Tech dismiss dozens of students every year?
In this battle between administration and students, Joseph D. Lento and his Education Law Team want you to know they're on your side. They know what kind of pressures you face, and they're determined to make sure you are always treated fairly and given every opportunity to earn your degree. Below, you'll learn about all the many reasons your school can dismiss you and the procedures you can use to protect yourself. As you read through this material, though, keep in mind that the best protection is always strong legal representation.
Reasons for Dismissal at New Jersey Tech
There are essentially four reasons New Jersey Tech can dismiss you. Three of these have to do with misconduct. One relates to your academic performance.
- Academic Misconduct: New Jersey Tech expects you to earn your degree honestly and maintains a strict academic integrity policy that bars activities like cheating, fabrication, and plagiarism. Minor violations may be punished with classroom sanctions, but major and repeat offenses are frequently punished with dismissal.
- Disciplinary Misconduct: The academic integrity policy governs your behavior in the classroom. The Student Code of Conduct governs your behavior outside of it. This includes prohibitions against things like underage drinking, hazing, and misuse of technology. Any violation of the Code can potentially lead to dismissal.
- Sexual Misconduct: This category of offense almost always leads to dismissal. Sexual misconduct isn't just a violation of school policy but of federal law. Title IX prohibits sexual discrimination and harassment and requires schools to investigate virtually every allegation.
- Academic Performance: Of course, you're also expected to meet academic standards at New Jersey Tech. The school requires you to maintain a minimum of 2.0 cumulative and term GPAs and that you successfully complete at least 12 hours each semester. Otherwise, you're subject to probation, suspension, and, potentially, dismissal.
Defending Yourself From Misconduct Charges
New Jersey Tech has a number of different judicial bodies for handling various types of misconduct. If your alleged infraction occurred in the dorm, for instance, you'll likely be dealing with a Residence Life investigator and hearing board. If you're accused of sexual misconduct, you'll face investigators and decision-makers appointed by the Title IX Coordinator.
However, rules and procedures are basically the same regardless of the specific accusation.
- Cases typically begin with a complaint to an administrative office. If the person reporting was harmed directly, they are known as the Complainant. As the accused, you become the Respondent.
- The first step in the process is an investigation. Investigators meet separately with both sides in the case and collect any evidence. They may also talk with witnesses.
- You are entitled to an advisor, someone to help you as you go through the case. This advisor can be an attorney. However, they are not allowed to speak for you during meetings and proceedings, only to offer advice.
- Ultimately, the Investigator is tasked with creating a summary of the evidence. This lays the groundwork for a formal hearing, and investigators are often the chief witnesses at this hearing.
- At the hearing, both sides have the chance to make arguments, submit evidence, and call witnesses. You also have the right to question any witnesses against you.
- Cases are decided using a legal standard known as “preponderance of the evidence.” According to this standard, decision-makers must find you Responsible (guilty) if they believe it is more likely than not that you committed an offense.
- Finally, you have a limited right to appeal the hearing outcome. That is, appeals must be based on very specific grounds, such as a procedural error, the discovery of new evidence, a decision reached without substantial evidence, or a sanction that is disproportionate to the offense.
There are some small differences in how different types of cases are handled. For instance, in a sexual misconduct case, all cross-examination must be conducted by advisors, and the two sides have the right to question each other. Whatever charge you're facing, though, Joseph D. Lento and his Education Law Team are well-versed and experienced in all the relevant procedures. They can help you to navigate the many complexities of New Jersey Tech's complex judicial system no matter what you've been accused of doing.
Academic Dismissal Cases
New Jersey Tech offers few possibilities when it comes to challenging dismissals for academic deficiencies. For the most part, such dismissals are the result of a low GPA, which isn't normally subject to debate. You can appeal a suspension, but by the time you've been dismissed, the school feels you've had ample opportunity to improve.
There are a few informal strategies for dealing with the threat of academic dismissal, though. If, for example, your deficiencies are the result of extenuating circumstances, like a serious illness or a family emergency, you can try appealing directly to the Dean of Students. Or, you can try negotiating with an instructor for a higher grade. Some faculty are open to a compelling argument. Others are willing to assign extra credit work, especially if your grade is already borderline.
Here again, Joseph D. Lento and his Team know all the many options. They can help you put together a plan that's specific to your situation. They can also help you implement it, whether that means working with you to collect evidence, coaching you in negotiation tactics, or just figuring out which faculty and administrators you should approach.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you. Plus, it's no exaggeration to say that your entire future is on the line. You're facing dismissal, and you know what happens to people who go into the workforce with no college degree.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Joseph D. Lento law firm was built on helping students just like you handle all types of misconduct charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. To find out more about exactly what Joseph D. Lento and the Lento Law Firm Team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
