It's stressful enough trying to keep your GPA up at Pace University. If you're trying to deal with the threat of dismissal at the same time, it's a full-blown crisis. Defending yourself can be a full-time job, and you already have a full-time job—going to class and studying.
The Lento Law Firm can help. Our Student Defense Team understands what's at stake. We know education law, and we know how Pace University processes and procedures work. We can help you prepare for your defense, taking the bulk of the pressure off of you. That means you can get back to being a student.
It's important you contact us soon, though. You can be sure that Pace is building its case against you. You need to be building your defense. Call 888-535-3686 to get help, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Pace University
Your first job if you've been dismissed is to understand the charges against you. This is especially true if you're innocent since you have no context for defending yourself.
There are four categories of offense at Pace, any one of which can lead to dismissal.
- Academic Deficiencies: As you would expect, Pace University expects you to perform as a student. In service of that expectation, the school maintains a strict academic standing policy. Any time your GPA falls below 2.0, you're placed on academic probation. If you can't pull your grades up in a timely manner, you can also be dismissed.
- Academic Misconduct: Cheating, plagiarism, and all other forms of academic dishonesty are explicitly prohibited. Even a first offense can result in serious consequences—a lowered grade on the assignment or a lowered grade in the course. Multiple offenses, though, are often punished with dismissal.
- Disciplinary Misconduct: You're not just a student at Pace. You're also a member of the campus community, and as such, you are responsible for following all of the university's disciplinary policies. Underage drinking is a violation, for example, as are drug possession, hazing, theft, and two dozen other forms of misconduct. Even first offenses can result in dismissal if they are serious enough.
- Sexual Misconduct: These offenses are almost always punished with dismissal. Sexual misconduct is a violation of Title IX, a federal law barring sexual discrimination and harassment on college campuses, and universities take violations very seriously.
Misconduct Defenses
Pace University cannot simply dismiss you without cause. If you've been accused of some form of misconduct, the school must have evidence of this misconduct, and it must give you a reasonable opportunity to respond to this evidence. In fact, there's an entire process of investigation and adjudication to help ensure you are treated fairly.
- Cases begin when someone makes a complaint about you. Anyone may make such a complaint, but the university must believe the allegations are credible before opening a formal investigation.
- If you are charged, you'll receive notice of the charges. This notice should identify your accuser or alleged victim, also known as the Complainant. It should describe the allegations, which, again, is crucial if you are innocent. It should also include a list of your several due process rights.
- You are entitled to fair treatment throughout your case. For example, you must be presumed innocent ("Not Responsible"). You have a right to review all evidence. You also have the right to choose an advisor and at least two observers. These persons can be attorneys, which means your Lento Law Firm attorney can accompany you to the hearing to offer advice and help you present your case.
- No matter what the charges are, the university must conduct an investigation. Even if you've simply been accused of plagiarism, your instructor must gather evidence to back their accusations. You should have an opportunity to give your side of the story, submit evidence, and suggest witnesses for investigators to interview.
- When investigators have completed their work, they submit a written summary of their findings to the university. The university then sets a time and date for a hearing and selects one or more trained decision-makers to preside.
- Hearings are structured much like criminal court cases you may have seen on television. Both sides make opening statements, present evidence, including witness testimony, and make closing statements. Both also have the opportunity to raise questions for any negative witnesses.
- There are some important differences between campus hearings and court cases, though. For instance, there is no formal standard of evidence. In addition, the basis for deciding the case isn't "beyond a reasonable doubt" but rather "preponderance of the evidence." In simple terms, you are guilty if it seems "more likely than not" that you committed the offense.
- Your final right is the right to appeal the hearing outcome. You must have grounds for such an appeal, though, such as a procedural error, new evidence, or an inappropriate sanction.
Bear in mind that while these procedures apply in every case, every case is different in terms of how it unfolds. Even the nature of the charges can influence an investigation and hearing. For example, in Title IX cases, you may cross-examine the Complainant in addition to any other witnesses.
Hiring a Lento Law Firm attorney ensures you know what to expect no matter what charges you're facing. We know Pace University policies. We'll ensure you're prepared for every meeting and hearing and show you how to use procedures to your advantage.
Dealing With Academic Dismissal
Just as in misconduct cases, Pace cannot dismiss you for academic deficiencies without just cause. However, in these cases, the "cause" is typically well-established. Dismissals are virtually always based on GPA, and that is not normally a subject for debate.
Nevertheless, there are ways to defend yourself from the threat of these dismissals, too. Your Lento Law Firm attorney can help you to come up with a plan for protecting yourself, whatever your particular situation happens to be. For instance,
- Extenuating circumstances can be grounds for more time to raise your GPA. Your Lento Law Firm attorney can help you document these circumstances and show you how to draft and file your appeal.
- If you consistently struggle in all or most of your courses, you may have an undiagnosed learning disability. Your attorney can make sure you get properly tested. If you do have such a condition, they can also work with the university to implement fair course accommodations and petition to have your low grades dropped from your GPA.
- It is sometimes possible to negotiate grades with instructors if you have a strong argument to make. Your attorney can help you identify these arguments, develop evidence, and utilize strong negotiation techniques.
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.
