College is tough? How tough? Every year, Sam Houston State University dismisses dozens of students. It's not just that you have to keep your grades up, though that's certainly true. SHSU dismisses students for cheating, for stalking, for theft, and for amorphous offenses like "misuse of computer resources."
The good news is you always have the right to defend yourself from dismissal. Professors get things wrong sometimes, and you're always better off fighting for your academic future if you're innocent. Even if you have committed an offense, though, it doesn't mean you deserve to be expelled from Sam Houston. Administrators these days are too quick to accuse students of wrongdoing, and they've become far too harsh in the penalties they assign.
The bad news is it's no easy task taking on a university. Rules and procedures can be confusing at best, and you can expect faculty and administration to close ranks.
You don't have to take on Sam Houston alone, though. The Lento Law Firm is here to help. Our Education Law Team understands what you're facing, and we're prepared to do whatever we can to protect your rights and get you the very best possible resolution to your case. We know the law, and we know how Sam Houston State works.
What can we do for you? Call to find out at 888-535-3686, or take a few minutes right now and fill out our online questionnaire.
Reasons for Dismissal from Sam Houston State University
We mentioned before that you can be dismissed from Sam Houston for a number of different reasons. In fact, there are far too many reasons to list them all here. What we can do, though, is give you four categories into which almost all of these offenses fall.
- Poor Academic Performance: Your first priority as a student at SHSU is to succeed academically. To encourage you to focus on your studies, the university maintains an academic standing policy. That policy requires you to keep your cumulative GPA above 2.0. Any time it falls below that number, you're placed on Academic Probation. And should you continue to struggle, you can also find yourself dismissed.
- Academic Misconduct: Your conduct is just as important at SHSU as your academic ability, if not more so. The university's Student Code of Conduct contains rules against everything from underage drinking to hazing. The first rule, though, is that you're explicitly prohibited from doing anything that might give you an unfair advantage in the classroom. That includes cheating, plagiarism, and any other misrepresentation of your work. First, violations are usually handled with classroom sanctions. Multiple violations, tough, can get you dismissed.
- Disciplinary Misconduct: The Code of Conduct goes on to list a number of other rules as well. Any Code violation can get you dismissed. Some, though, like drug possession, weapons possession, and assault, almost always lead to dismissal.
- Sexual Misconduct: This is yet another offense that's most often punished with dismissal. Sexual misconduct is actually a violation of federal law under Title IX, and the government encourages schools to treat offenders harshly.
Misconduct Procedures
If you're facing an accusation of misconduct, keep in mind that it is just that—an accusation. SHSU gives you the right to defend yourself. The university must undertake an investigation, and it must hold a formal hearing before it can decide to dismiss you. Along the way, you also have some important due process rights designed to protect you and ensure justice is done.
- Cases usually begin when someone lodges a complaint against you. Before moving forward, the university must conduct a preliminary investigation to decide if the complaint is actionable and credible.
- If the university does decide to proceed with charges, it must provide you with a Notice of the Charges. This Notice should include a detailed description of the allegation and a list of all your due process rights.
- The case then proceeds to an investigation. One of your most important due process rights is the right to an advisor. In addition, this advisor can be an attorney. That means your Lento Law Firm attorney can accompany you to any investigative meetings. They cannot speak for you, but they can advise you on how to answer questions.
- In addition to interviewing you, investigators speak with the Complainant (your accuser) and any other witnesses, and they collect physical evidence associated with the case.
- At the end of the investigation, investigators must submit a written report summarizing their findings. The university then sets a time and date for a hearing and appoints one or more decision-makers to preside over the case.
- The hearing is your best opportunity to make your full case. You may submit evidence, for instance, call witnesses to testify, and raise questions for any witnesses against you. Of course, the Complainant will present their case as well.
- SHSU misconduct cases are decided using a legal standard known as "preponderance of the evidence." You may have heard of "beyond a reasonable doubt." "Preponderance of the evidence" isn't quite as strict. In fact, it requires decision-makers to find you Responsible (guilty) if they are more than fifty percent convinced you committed an offense.
- Finally, you also have the right to appeal the hearing outcome, though not simply because you disagree with that outcome. Grounds for appeal are strictly limited to
- An unfair hearing
- An inappropriate sanction
- A finding not supported by the evidence
- The discovery of new evidence
Different kinds of cases are governed by different administrative offices at the university. For instance, disciplinary infractions are normally handled by the Dean of Students. Sexual misconduct, however, typically falls under the purview of the school's Title IX Coordinator. You'll also find that procedures can differ in small but important ways depending on the nature of the offense. For example, in Title IX cases, only advisors may question witnesses. In all other cases, decision-makers usually ask the question.
No matter what the charges, the attorneys at the Lento Law Firm can help guide you through the process. We've handled all types of misconduct cases, and we're familiar with Sam Houston's judicial procedures. We'll protect your rights and use the process to your best advantage.
Academic Dismissal Cases
Academic dismissal cases don't involve accusations or allegations. They're based on your GPA, and that's an established fact. As a result, there aren't really any official processes at SHSU to challenge such a dismissal.
However, that doesn't mean that you don't have options. In fact, the attorneys at the Lento Law Firm know a number of useful strategies for responding to these types of dismissals as well. For instance,
- If your academic deficiencies are due to some extenuating circumstances, you can try appealing to the dean of your school or college. You may be entitled to more time to improve rather than outright dismissal.
- A learning disability usually means you deserve accommodations in at least some of your courses. If you should discover you have a previously undiagnosed disability, you can ask the university to set aside your low grades and allow you to retake those courses with accommodations in place.
- You deserve fair treatment as a student. Any time you feel an instructor is mistreating you, you should report that to your instructor's department head. At a minimum, you have the right to file a formal 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 online form.
