You came to college to be a student, of course, but life on campus is just that—your whole life. You eat there, and you sleep there, you spend your free time on the quad, and maybe you catch a movie in the student union on Friday nights. And oh, when you have time, maybe you go to class. SMU has rules and policies governing all of that. Some of those policies are relatively innocuous. Play your stereo too loud in the dorms, and the worst you may get is a Residence Life citation. Plenty of these rules come with stiff penalties, though. Break the wrong rules, and you can find yourself dismissed.
The Lento Law Firm is dedicated to the proposition that you deserve a quality education, and a mistake or two shouldn't stand in the way of getting one. They've helped hundreds of students challenge dismissal decisions from their schools. They know the law, and they know how SMU operates. If you've been charged with an offense—rightly or wrongly—they can help you navigate the system and get you the best possible resolution to your case.
Reasons for Dismissal at Southern Methodist University
There are dozens of reasons SMU might dismiss you, far too many to list here. However, most can be sorted into one of four different categories.
- Academic Performance Issues: Remember that you came to SMU to be a student? It turns out the university will hold you to that. You're expected to maintain a minimum 2.0 cumulative GPA. Fall below that, and you could wind up on probation, suspended, or outright dismissed.
- Academic Misconduct: While you're earning your degree, SMU expects you to adhere to the highest standards of honesty and integrity. Cheating and plagiarism can get you a lower grade in a class, up to an F. Repeat offenses can get you expelled.
- Disciplinary Misconduct: SMU has rules governing your behavior outside of class too. These are collected under a Code of Conduct found in the Student Handbook. Here again, not every violation is punished with dismissal. Some, though, like hazing and drug possession, frequently are.
- Sexual Misconduct: Sexual misconduct is almost always punished with dismissal. That's one reason why it's treated as its own category of offense. In addition, sexual misconduct isn't just subject to school policy. It's also a violation of Title IX, a federal law.
Defending Yourself From Misconduct Charges
No matter what type of misconduct you've been accused of committing, you have the right to defend yourself. The process for doing so is roughly the same, no matter the specific charge.
- First, someone lodges a complaint against you. This person is generally referred to as the “Complainant.” As the accused, you are referred to as the “Respondent.”
- Assuming SMU decides to pursue your case, it will open an official investigation. Investigators will interview both sides separately, so they have a clear sense of the opposing claims. In addition, they will interview any witnesses to the incident and collect any relevant physical evidence.
- Once the investigation is complete, investigators submit a written report of their findings. This report becomes the foundation of the next phase of the case, a formal hearing.
- The hearing is your best chance to make your complete case. You may make arguments, submit evidence, and call witnesses. You may also cross-examine any witnesses against you.
- At the conclusion of the case, one or more decision-makers must deliberate as to your level of “Responsibility” (guilt) and, if necessary, assign an appropriate sanction.
- You can appeal the hearing outcome, but the grounds for appeal are quite narrow:
- Procedural error
- A finding that doesn't fit the facts
- Inappropriate sanction
- New evidence
While this broad outline applies to all cases, there are some important differences in how different kinds of misconduct are processed. For example, academic misconduct cases are decided using a legal standard known as “clear and convincing.” Less strict than “beyond a reasonable doubt,” this standard requires decision-makers to believe the evidence is “more likely true than not true.” Disciplinary and sexual misconduct cases, on the other hand, are decided using an even less rigorous standard, “preponderance of evidence.” In these cases, decision-makers must only be more than fifty percent convinced of your guilt in order to find you “Responsible.”
In addition, you should know that only sexual misconduct cases afford you the right to bring an attorney with you to proceedings. In all other cases, legal representatives are expressly forbidden. That does not mean, though, that you shouldn't seek help from Joseph D. Lento and his Education Law Team. They can help you come up with a defense strategy, work with you to collect evidence, and even coach you on how to present your case. More importantly, they can keep an eye on whether or not the university is respecting your due process rights.
Academic Dismissal Cases
Defending yourself from dismissal on academic grounds can be much trickier than fighting a misconduct charge. That's because such decisions are based almost exclusively on your GPA, and in most cases, that's not subject to review.
That doesn't mean you have to accept such a dismissal. Joseph D. Lento and his Team know a number of different options for challenging academic dismissal. For instance, if you have a disability, you may be entitled to course accommodations. Even if you weren't diagnosed until after the class ended, you might still be able to go back and appeal for some sort of grade relief. You can also try negotiating your grades directly with the faculty. Joseph D. Lento and his Team know who to talk to and what to say. They can also help you come up with the best arguments for making your case.
No matter what kind of dismissal you're facing, Joseph D. Lento and his Education Law Team have the background and experience to make sure you're treated fairly and that you get the justice you deserve.
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. 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 his team can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
