Films like Animal House and Old School create the mistaken impression that college is nothing more than frat parties and assorted hijinks. The reality is that college is hard work. Sure, you'll make friends. You'll hang out in the quad and order pizza in the middle of the night. Courses are rigorous, though, and professors are demanding. Fail to live up to your university's standards, and you can quickly find yourself dismissed.
If you're struggling to keep your grades up, or you find yourself accused of some sort of misconduct, you don't have to accept dismissal. You can fight for your academic future, and the Lento Law Firm Team can help. The Lento Law Firm Student Defense Team was established to help students get fair treatment from their universities. The attorneys at the Lento Law Firm know the law; they know how Ohio University operates, and they're ready to use what they know to protect you from dismissal.
Reasons for Dismissal from Ohio University
There are basically four reasons you can be dismissed from Ohio University.
- Academic Deficiencies: Perhaps the most obvious reason for dismissal is failing to meet OU's academic standards. The standing policy requires all students earn at least a 2.0 cumulative GPA. Anything lower than that number means academic probation. Continue to struggle while on probation, and OU can dismiss you entirely.
- Academic Misconduct: OU's strict standing policy sometimes tempts students to bend the rules in order to get ahead. However, cheating, plagiarism, and other forms of academic misconduct can get you dismissed as quickly as a low GPA. A single serious offense could lead to dismissal. Multiple offenses can definitely result in dismissal.
- Disciplinary Misconduct: Your general campus conduct is governed by the OU Student Code of Conduct. There, you'll find rules against things like trespassing, assault, and misuse of computer resources. Any violation can result in dismissal. Some, like weapons possession and hazing, are almost always punished with dismissal.
- Sexual Misconduct: Sexual misconduct is among the most serious charges a university student can face. In fact, under Title IX, such offenses are subject to federal law. OU is required to investigate all credible accusations, and the most common penalty for those found Responsible is dismissal.
Defending Yourself from Misconduct Charges
How you defend yourself from dismissal will depend on the exact nature of the dismissal. If you've been charged with some form of misconduct, OU is required to conduct an investigation and give you a chance to prove your innocence at a formal hearing.
- Cases begin when someone makes an accusation against you to either the Office of Community Standards and Student Responsibility (OCSSR) or the school's Title IX Coordinator.
- Once an accusation is made, a Hearing Officer conducts a preliminary investigation and determines whether or not the charged offense potentially warrants dismissal.
- Any time you are under investigation, you are entitled to Notice of the Charges. This notice should provide details about the allegation and a complete list of your due process rights.
- Among your rights, you have the right to an advisor, and this advisor may participate in any aspect of the investigation or hearing process.
- As part of the investigation, a Hearing Officer meets separately with both sides in the case. They also gather any physical evidence and may interview witnesses.
- Ultimately, investigators forward their findings to the OCSSR or the Title IX Coordinator, who sets a time and date for a hearing and appoints one or more decision-makers to oversee proceedings.
- At the hearing, both sides get to make their case in full. You may offer arguments, debate evidence, and call witnesses. In addition, you may cross-examine any witnesses against you.
- At the conclusion of the hearing, decision-makers must meet and determine whether or not you are Responsible for (guilty of) the offense. To do this, they use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible if they are more than fifty percent convinced you committed a violation.
- Finally, you have the right to appeal the hearing outcome, though the grounds for appeal are strictly limited. Appeals must be based on one of three factors:
- The discovery of new and relevant evidence
- A procedural error that affected the hearing outcome
- A sanction that is disproportionate to the nature of the offense.
Cases can differ in small but significant ways depending on the exact nature of the charge. For instance, in academic and disciplinary cases, your advisor must be someone from the campus community. In Title IX sexual misconduct cases, however, you're allowed to select an attorney to advise you.
Whether or not you're entitled to bring an attorney with you to meetings and proceedings, you are always better protected if you seek legal counsel. An attorney from the Student Defense Team at the Lento Law Firm can help you develop a defense strategy, collect evidence, and even practice your presentation. Beyond these basic tasks, they can keep track of your case and make sure OU doesn't deny any of your fundamental rights.
Academic Dismissals
Misconduct dismissals are based on debatable accusations, accusations that usually require an investigation and hearing to sort out. Academic dismissals, on the other hand, are based on facts: your cumulative and term GPAs. In addition, at OU, you aren't subject to dismissal for one failed course. The university gives you a number of opportunities to improve before it dismisses you. As a result, most academic dismissals are cut and dried, and there is no appeals process.
However, the Lento Law Firm Student Defense Team has been helping students for a number of years, and the firm's attorneys have learned a number of strategies for avoiding academic dismissal. For example,
- You can petition your school or college dean directly for more time to improve. If your deficiencies are the result of some extenuating circumstance, they may be willing to extend probation rather than dismiss you outright.
- Some faculty are open to negotiating grades. This might be as simple as asking for extra credit or makeup work. Or you might have a specific argument to make, such as the fact that your high final exam score merits a higher course grade.
- Classroom mistreatment is always grounds for a grade appeal. You should report any such mistreatment to your instructor's department head.
Because there's no defined process for defending yourself, academic dismissal cases can be especially tricky. An attorney from the Lento Law Firm Team can help you decide on the best course of action, work with you to develop a plan and assist you in putting that plan into action.
Fighting for Your Future
By this point, you probably 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.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento Law Firm Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm Team can do for you, contact us today at 888-535-3686 or use our automated online form.
