Getting into Texas A&M is no small accomplishment. You deserve to be proud of all the hard work you put in to get here. You still have a lot of work in front of you, though. Graduation isn't automatic by any means. Courses are tough, and professors are demanding. Plus, the university scrutinizes your personal behavior as closely as it scrutinizes your classwork. In fact, every year, Texas A&M dismisses dozens of students for everything from plagiarism to underage drinking.
Joseph D. Lento and his Education Law Team want to make sure you're not one of them. Below, you'll find information on all the various reasons TAMU can dismiss you, as well as how you can go about defending yourself if you're in trouble. The most important thing you need to know, though, is that you don't have to take on your school alone. Joseph D. Lento and his Team know how TAMU operates; they know all the judicial procedures, and they're ready to put what they know to work for you.
Academic Misconduct
One of the easiest ways to get in trouble at Texas A&M is by taking a shortcut to your degree. It can be tempting sometimes to buy a paper rather than write it or to sneak a crib sheet into an exam. However, cheating, plagiarism—anything that can give you an unfair advantage as a student—all of these are expressly prohibited by the Aggie Honor System. Minor offenses might get you a lower grade on an assignment or a lower grade in the class. Repeat and major offenses, though, are often punished with dismissal.
Luckily, there is a process for challenging such dismissals. If you've been accused of a serious Honor System violation, you have the right to defend yourself at a hearing before the university's Honor Council. As part of this process,
- You may be accompanied by an advisor, who may be an attorney.
- You have the opportunity to make arguments, submit evidence, and call witnesses to testify on your behalf.
- At the conclusion of the hearing, Honor Council members decide whether or not you are Responsible for (guilty of) a violation using a legal standard known as “preponderance of the evidence.” Basically, they must find you Responsible if they believe you “more likely than not” committed the offense.
- Finally, you have the right to appeal the hearing outcome under certain circumstances. These include new evidence, a violation of your due process rights, a disproportionate sanction, or a finding that is inconsistent with the facts of the case.
Disciplinary Misconduct
Another type of misconduct that can get you dismissed is disciplinary misconduct. Basically, this includes all the university's rules that don't relate to academics. These are collected under TAMU's Student Code of Conduct and include strictures against things like trespassing, theft, and damage to university property.
Any violation can potentially result in dismissal. Some violations, though—like hazing, drug possession, and assault—are almost always punished with dismissal. Here again, though, you have a right to defend yourself.
Some aspects of the process are the same. For instance, case decisions are based on the “preponderance of the evidence” standard. In addition, you can present evidence and call witnesses.
However, there are some key differences in how disciplinary and academic misconduct cases work.
- While you may have an advisor in a disciplinary misconduct case, this advisor cannot be an attorney. Keep in mind, though, that you can still consult with Joseph D. Lento and his Education Law Team as you prepare for the hearing.
- Cases are heard by a Student Conduct Panel, and instead of “hearings,” they are referred to as “conferences.” However, procedures are essentially the same as those used in academic misconduct cases.
- Grounds for appeal are more limited in disciplinary misconduct cases. Basically, you may only file an appeal if you have discovered new evidence or if you can demonstrate that administrators failed to follow investigative and hearing procedures.
Sexual Misconduct
Technically speaking, sexual misconduct is a form of disciplinary misconduct. However, most cases are subject to rules and procedures laid down by Title IX, a federal law. As a result, allegations are typically treated as a separate form of misconduct.
You should know, though, that the minimum penalty in such cases is usually suspension, and dismissal is the more likely outcome.
Here again, there are some similarities to other types of misconduct cases.
- As in academic misconduct cases, for instance, you have the right to choose an attorney as your advisor.
- You have the right to submit evidence and to suggest witnesses.
- Cases are decided using the “preponderance of the evidence” standard.
There are some unique features to sexual misconduct cases as well, though. Chief among these, you are not allowed to defend yourself at a hearing. Instead, the investigator in the case submits a written report to a Designated Administrator who ultimately decides whether or not you are Responsible.
In addition, grounds for appeal are somewhat different than in other kinds of misconduct cases. They include new evidence, procedural error, disproportionate sanction, and bias on the part of a Title IX official.
Academic Dismissal Cases
Finally, you can also be dismissed from Texas A&M for failing to meet academic standards. The school requires students to maintain a minimum 2.0 cumulative grade point average and earn a 2.0 GPA each semester. If you can't meet these standards, you are placed on probation. If you cannot meet them while on probation, you are subject to suspension and, ultimately, dismissal.
You can challenge dismissal to the school's Undergraduate Academic Appeals Panel. However, the Panel only hears appeals on the basis of an “arbitrary, capricious, or prejudicial” dismissal decision.
There are other, more informal ways of responding to the threat of academic dismissal, though. If, for example, your deficiencies are the result of extenuating circumstances, such as a family emergency or serious illness, you can try appealing to your school or college dean. You can also try negotiating directly with professors for higher grades. Joseph D. Lento and his Education Law Team know many useful arguments for convincing instructors to improve course grades and can even coach you in negotiation tactics.
Joseph D. Lento and his Education Law Team know all the many possibilities open to you and can help you navigate the system whether you're putting together a suspension appeal or gathering evidence of extenuating circumstances for a meeting with your dean.
Fighting for Your Future
By this point, you should have some idea of why it is so difficult to fight dismissal. Every type of dismissal involves a different set of procedures, and none of those procedures is simple. Every case has one thing in common, though—losing means dismissal.
With so much on the line, 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.
