Your college years can be some of the most rewarding of your life. Simultaneously, they can be some of the most difficult. UC San Diego is a demanding school with rigorous courses and strict faculty. If you make it through, you're virtually guaranteed a successful future. Not everyone does make it through, though. Each year dozens of students find themselves dismissed before they make it to graduation.
Generally speaking, there are four reasons why UCSD might try to dismiss you: poor academic performance, academic misconduct, disciplinary misconduct, and sexual misconduct. You'll find out about all four of these below.
Before going any further, though, you should know that whatever kind of dismissal you're facing, National Student Defense attorney-advisor, Joseph D. Lento, can help. Joseph D. Lento knows how colleges and universities operate, he's familiar with all of UCSD's various rules and procedures, and he's ready to put his knowledge to work for you.
Academic Performance Issues
Perhaps the most obvious reason you can be dismissed from UC San Diego is for failing to meet academic standards. As noted in the school's policy on academic standing, you are required to maintain a minimum 2.0 cumulative grade point average and to complete at least 36 hours of credit during any three consecutive terms. Failure to meet either of these requirements means probation. If you cannot improve your performance over two semesters of probation, you face dismissal from the university.
There are no obvious procedures in place for defending yourself from this type of dismissal. Typically, whether or not you're allowed to remain at UCSD comes down to your grade point average.
However, there are some strategies for avoiding dismissal. For instance, it is possible to negotiate for more probation time from your particular college, especially if you have extenuating circumstances that have caused you to struggle as a student. Alternatively, you can approach faculty directly and ask them to reconsider your work from the semester or allow you to complete extra credit assignments for a higher grade. Often one grade can be the difference between continuing at UCSD or looking for a spot at another school.
Academic Misconduct
UCSD expects you to adhere to the highest standards of integrity in obtaining your degree. The UCSD Policy on Integrity of Scholarship explicitly prohibits cheating, plagiarism, turning the same work into more than one class, and any other activities that might tend to give you an unfair advantage in completing your coursework.
Often, violations result in a lower grade on the assignment in question or a lower grade in the class. However, repeat and particularly egregious offenses can get you expelled.
Unlike issues of academic standing, you have the right to formally defend yourself from charges of academic misconduct. If you're facing dismissal as a result of your actions, you're allowed to present your case at a hearing before an AI Review II Panel. You may, for example, submit evidence for review and call witnesses to testify on your behalf. In addition, you may ask questions of the instructor who has accused you and any other witnesses against you.
At the conclusion of the hearing, panel members must decide whether or not to find you Responsible for (guilty of) a violation. In doing so, they use a legal standard known as “preponderance of evidence.” In simple terms, they must find you Responsible if they believe it is “more likely than not” that you committed an offense.
Finally, you have the right to appeal a negative decision to the Academic Integrity Office (AIO). If your appeal is successful, the AIO places your case back into the queue, and the hearing process starts all over again.
Disciplinary Misconduct
You aren't only held responsible for your conduct in the classroom at UCSD. You're also held to a set of campus Standards of Conduct. These include prohibitions against activities like forgery, theft, and disorderly conduct. Any type of violation can get you dismissed. Some, though, such as hazing, drug possession, and assault, almost always lead to dismissal.
Here again, there is a defined process for defending yourself against disciplinary misconduct charges, known as a Student Conduct Review. This process is overseen by the Office of Student Conduct. As with academic misconduct charges, you are entitled to a hearing, this time before the school's Community Standards Board.
A hearing affords you the right to make arguments, submit evidence, and call witnesses, as well as to cross-examine the Complainant (your accuser) and any other witnesses against you. Significantly, you have the right to an advisor in these cases, and that advisor may be an attorney. However, while the attorney may speak to you during the hearing, they may not speak for you.
Ultimately, the case is decided based on the preponderance of the evidence.
You may also appeal the hearing outcome in these cases. Appeals are heard by the Council of Provosts. You should know, though, that you have just ten days to file this appeal, and grounds for appeal are strictly limited to
- A determination not supported by the findings
- Unfairness in the process itself
- Newly discovered information
Sexual Misconduct
Sexual misconduct is among the most serious charges any college student can face. In part, this is because such misconduct isn't just a matter of school policy—it's subject to federal law. Title IX dictates that schools must investigate and adjudicate all credible accusations and further dictates exactly how investigations and hearings must take place.
These cases are overseen by a Title IX Coordinator, who appoints an Investigator and Decision Makers who have been specially trained in Title IX procedures.
It is important to note that because these investigations and hearings are subject to government oversight, you have more due process rights than you do in other kinds of misconduct cases. For example, you have the right to review the investigative report before the hearing and to suggest any necessary revisions to this document. In addition, you have the right to an attorney as an advisor, and this advisor conducts all examinations and cross-examination. The case is decided using the preponderance of evidence standard.
Here again, you can appeal the hearing outcome, though you should also be aware that the Complainant may appeal it as well, should you be exonerated. Appeals are heard by a specially trained Appeals Officer. They must be filed within ten days, and the reasons for appeal are limited to
- Procedural error
- New evidence
- Conflict of interest on the part of an investigator or other official
- Determination does not match the facts of the case
- Sanctions are disproportionate to the offense
Fighting for Your Future
Most students find fighting dismissal a daunting proposition. Developing a defense strategy, collecting evidence, and talking to witnesses—takes time and energy that most students just don't have. So, they wind up simply accepting their fate and moving on, maybe to a less prestigious school, maybe into the workforce. You're never any worse off fighting and losing, though, than you would be just giving up.
More importantly, you aren't on your own. Joseph D. Lento is here to help. Joseph D. Lento 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 put together a water-tight appeal; he knows how to formulate witness questions; he knows how to negotiate with faculty and administrators. 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.
If you or your child is facing dismissal or have already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
