Learning to "Adult" isn't easy, and if you're trying to do it while you're in college, you're bound to make your fair share of bad decisions and mistakes. Maybe you went to one too many parties last semester; maybe you wound up in a fight with your resident assistant; maybe you decided to quit going to class when you couldn't find a parking spot.
The goal is to make sure one of these mistakes doesn't wind up costing you your future. Each year, the University of Miami dismisses dozens of students. If you're one of them, you could find yourself at a far less prestigious school or, worse, joining the workforce without a college degree at all.
Below, you'll find a description of all the various reasons you can face dismissal at the University of Miami, so you'll know what to avoid. You'll also find information about how to go about defending yourself from dismissal, just in case you wind up in trouble anyway. Finally, though, you'll also learn about how to get help if you're facing dismissal. You can fight dismissal, and you can win, but it's no easy process, and you're always better off having a professional to help.
Reasons for Dismissal at the University of Miami
Basically, there are two reasons why the University of Miami might decide to dismiss you. One has to do with your classroom performance. The other has to do with your behavioral conduct.
- Academic Performance: Your most important job at the University of Miami is to be a good student. Fail in that job, and you can easily find yourself dismissed. UM requires students to maintain a certain cumulative GPA based on how many hours they've completed. If you can't reach these marks, you are placed on probation. If you can't reach them after two semesters of probation, you may be expelled.
- Misconduct: The other reason you can be dismissed from the University of Miami is for how you act. UM's Student Rights and Responsibilities Handbook mentions three specific types of misconduct that can get you into trouble: academic misconduct, or actions that could give you an unfair advantage in completing your coursework; disciplinary misconduct, or actions that harm others or the university; and sexual misconduct.
The Adjudication Process in Misconduct Cases
If you're accused of any sort of misconduct at the University of Miami, you have the right to defend yourself from the charges, especially if the charges could potentially lead to dismissal. How you go about doing that will depend on the specific type of charges you are facing. However, there are elements of the process that will be the same in any case.
- Cases generally originate with a complaint lodged against you. The person making the complaint is referred to as the "Complainant." You are the "Respondent."
- If the university decides the complaint has merit, it will furnish you with a Notice of the Charges.
- You have the right to an advisor, someone to help you prepare your defense.
- The first part of a case is an investigation. You can expect to be interviewed for your side of the situation. In certain cases, you can also expect investigators to talk to witnesses and collect any physical evidence.
- The investigative findings serve as the foundation for a formal hearing. At a hearing, you have the right to present your own evidence and to call witnesses to testify. You also have the right to ask questions of the Complainant and any witnesses against you. Of course, the Complainant has these same rights.
- At the conclusion of the hearing, decision-makers must ultimately determine whether or not you committed an offense and what penalty is appropriate.
- Finally, you have the right to appeal the hearing outcome. However, grounds for appeal are limited to issues like whether or not a procedural error occurred, whether or not an official had an unfair bias against you, and whether or not the sanction is just based on the nature of the offense.
Some Differences in Adjudication Processes
While the basic outline of every case is the same no matter what the misconduct charge is, there are some key differences in how academic, disciplinary, and sexual misconduct investigations and hearings are conducted.
Here's what you can expect if you're facing academic misconduct charges.
- Complaints are lodged with your college or school's Academic Integrity Committee, which then conducts an investigation.
- Cases are heard by a hearing panel made up of two faculty and two students drawn from the university's Honor Council.
- You are entitled to an advisor, but that advisor must be a member of the University of Miami community.
- Cases are decided using the legal standard "clear and convincing," which requires decision-makers to believe the evidence against you is more likely true than not true before they can find you Responsible.
Disciplinary misconduct cases are a bit different.
- Complaints are investigated by a Student Conduct Officer, and investigations are normally completed within 15 days.
- Cases are heard by a University Disciplinary Hearing Panel, made up of three students.
- Again, you may have an advisor, but only someone drawn from the university community.
- Cases are decided using the legal standard "preponderance of evidence," which allows decision-makers to find you responsible if they believe it is "more likely than not" that you committed an offense.
Finally, sexual misconduct allegations are subject to rules and guidelines set up by federal law under Title IX.
- Complaints originate with the school's designated Title IX Coordinator.
- Investigations are conducted by a trained Title IX Investigator and can take up to 60 days to complete.
- You have the right to raise questions about the Investigative Report before the hearing.
- Cases are heard by a University Disciplinary Hearing Panel, but all panelists must be specially trained in sexual misconduct cases.
- You are entitled to an advisor of your choice, and this advisor may be an attorney.
- Your advisor must conduct any cross-examination of witnesses at the hearing.
- Hearing Panel decisions are based on "Preponderance of Evidence."
Academic Dismissal Cases
Dismissal decisions in cases of poor academic performance are handled somewhat differently than those relating to misconduct. For instance, they don't usually involve a complaint. Rather, they are based on the objective fact of your cumulative grade point average.
There is an appeals process in the case of dismissal, but only in cases where extenuating circumstances may have caused your poor performance. Normally, cases are decided by your school or college's Academic Integrity Committee, and they make their decision without holding an open hearing.
In addition, there are some less formal ways of dealing with dismissal in these cases. For example, you might try negotiating with your professor for a higher grade.
As in misconduct cases, Joseph D. Lento knows all the options available to you and can help you determine which will work best in your particular situation. He can also coach you in negotiation tactics or help you gather evidence if that's what is needed.
Fighting for Your Future
You probably already have a good sense of why you need an attorney-advisor if you're fighting dismissal at the University of Miami. Procedures can be complicated, and it helps to have a knowledge of legal terminology, such as what "preponderance of evidence" means.
Unfortunately, the University of Miami doesn't allow you to bring an attorney with you in every circumstance. However, an attorney can be crucial in preparing your case, whether or not they are allowed to accompany you to formal proceedings. An attorney can help you formulate a strategy, gather evidence, develop questions for witnesses, and monitor how the school treats you.
Joseph D. Lento is an attorney, but he isn't just any attorney. He built his practice helping students just like you handle all types of misconduct charges. He's dealt with everything from plagiarism allegations to rape charges. He knows how to negotiate with faculty and administrators; he knows how to interview witnesses; he knows how to put together a water-tight appeal. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will do everything in his power to get you the very best possible resolution to your case.
To find out more about what Joseph D. Lento can do for you, contact the Education Law Team at the Lento Law Firm today at 888-555-3686, or use our automated online form.
