Facing Dismissal from Pennsylvania State University

Penn State is a great school with a long and storied history. Graduate from here, and you can be certain that your future is secure. That's the real trick, though, isn't it: graduating? Penn State achieved its reputation by holding its students to high standards, both in terms of academics and personal behavior. They don't just give diplomas away. Every year, in fact, the school dismisses dozens of students for everything from low grades to drug use.

How do you avoid becoming one of them?

  • First, you make sure you know the rules. As they say, an ounce of prevention is worth a pound of cure.
  • Of course, sometimes trouble finds you despite your best efforts to avoid it. So, you also need to make sure you know all the procedures for defending yourself.
  • Finally, you also need to know how to get help defending yourself. If you're facing dismissal, you must fight for your future, but that fight won't be easy, and you're going to need a professional at your side to get you through it.

There are essentially four reasons Penn State might dismiss you. You'll find information on all four below.

Academic Misconduct

You came to Penn State to get an education, and the school expects you to get that, honestly. The Academic Integrity Policy specifically forbids things like the use of unauthorized materials to complete coursework, providing false information in completing assignments, and sharing prohibited content like course exams. However, you can be charged with misconduct for any activity that might potentially give you an unfair advantage in completing your courses.

Faculty typically handle minor infractions themselves, and sanctions can include anything from a warning to failure in the course. However, if you've committed a more serious violation or you've violated the policy more than once, you can be dismissed entirely from the university.

Being charged, though, doesn't mean you'll necessarily be found “Responsible” (guilty). PSU has clear procedures in place for defending yourself.

  • Each school or college maintains its own procedures for academic misconduct.
  • In most cases, serious charges are handled through the college's Academic Integrity (AI) Committee.
  • Both sides have the right to submit evidence for the committee to review.
  • In some rare cases, the committee may hold a full face-to-face hearing into the matter. However, in most instances, the committee reaches its decision in a closed-session review.
  • The committee uses a legal standard known as “preponderance of evidence” to reach its decision. According to this standard, members must find you Responsible if they believe it is “more likely than not” that you committed a violation.
  • If you are found responsible and punished with dismissal, you have the right to appeal the severity of that sanction. You cannot appeal the finding itself.

Disciplinary Misconduct

Penn State's Academic Integrity Policy is part of a much larger Student Code of Conduct. In addition to governing your classroom behaviors, that document also dictates your non-academic activities. For instance, it contains a long section on “Substance Use”; it prohibits public urination and tampering with fire alarms, and it bars weapons possession on campus. Any violation can potentially result in dismissal.

The Office of Student Accountability and Conflict Response handles all allegations of disciplinary misconduct. As with academic misconduct, you are entitled to defend yourself, and the school maintains a clear set of procedures for doing so.

  • If you are facing dismissal, your case is subject to an Administrative Conference where you are allowed to give your side of events and present any relevant evidence.
  • The Office of Student Accountability and Conflict Response assigns a Decision Maker to preside over your Administrative Conference.
  • You may choose a support person to accompany you to this conference, and this support person may be an attorney. However, they are not allowed to speak on your behalf.
  • Ultimately, cases are decided based on the “preponderance of evidence” standard.
  • Finally, you may appeal the outcome of the Administrative Conference, but only on very limited grounds, including procedural irregularity, new evidence, or a sanction disproportionate to the offense.

Sexual Misconduct

While sexual misconduct is technically a type of disciplinary misconduct, it is treated as its own separate category of offense. This is because such allegations are subject to federal law under Title IX. Among other things, this law dictates exactly how investigations and hearings should operate.

The minimum sanction in such cases is usually suspension, and dismissal is the more common outcome. Again, you do have the right to defend yourself, in this case, under procedures set forth in Title IX.

  • Penn State has its own designated Title IX Coordinator, and this individual appoints all officials in the case.
  • Throughout the process, you have the right to an advisor, and this advisor may be an attorney.
  • You can expect the school to conduct a thorough investigation involving witness interviews and the collection of any physical evidence. In fact, investigations can take up to 4 months to complete.
  • Once the investigation is complete, the Investigator submits an unbiased summary of their findings. Both sides in the case have the right to raise objections to the information in this document.
  • Next, the Title IX Coordinator sets a time and date for a live hearing and appoints a Hearing Panel to oversee the proceedings.
  • During the hearing, you may present evidence and call witnesses to help prove your innocence. In addition, you may—through your advisor—cross-examine the Complainant (your accuser) and any witnesses against you.
  • Here again, the standard used to decide the case is “preponderance of evidence.”
  • You have the right to appeal the outcome of the hearing, but as in other disciplinary cases, grounds for appeal are limited. In this case, you may only file if there's new evidence, you can demonstrate a procedural error, the sanction is disproportionate to the offense, or you can show that an official had an unfair bias against you.

Academic Performance Issues

Misconduct is the most common reason Penn State dismisses students, but it's not the only reason. You can also be dismissed for failing to meet academic standards. Specifically, you must maintain at least a 2.0 cumulative grade point average. Should you fail to meet this standard, you are placed on “Warning” status. Should you fail to earn a 2.0 semester GPA while on Warning status, you can be suspended or dismissed from the university.

PSU has no formal means of challenging a dismissal decision in such cases. However, there are informal means of handling academic deficiencies. If your deficiencies are the result of extenuating circumstances, for instance, you can try appealing directly to your college's dean. Alternatively, you can try approaching faculty and asking them to reconsider your semester grades.

If you should be dismissed, you can also apply for readmission after two semesters away from the university.

Your academic advisor may not know about these and other options available to you. A qualified, experienced attorney-advisor will. They can also help you develop a plan and put that plan into action.

Fighting for Your Future

Fighting dismissal of any type can seem like a daunting prospect. You have to develop a defense strategy, collect evidence, and talk to witnesses. All of this takes time and energy that, as a student, you just don't have. That doesn't mean you should simply give up and accept your fate. You're never any worse off fighting and losing than you would be just giving up.

More importantly, you don't have to take on your school alone. The LLF Law Firm and the Education Law Team stand ready to help. The LLF Law Firm attorneys built their careers helping students just like you handle all types of misconduct charges. They have dealt with everything from plagiarism allegations to rape charges. They know how to negotiate with faculty and administrators;  how to formulate witness questions; and how to put together a water-tight appeal. Most importantly, no matter what problem you're facing, the Education Law Team is on your side and will fight hard to get you the very best possible resolution to your case.

If you or your child is facing dismissal or have already been dismissed, the LLF Law Firm may be able to help. Contact the LLF Law Firm today at 888-555-3686.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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