College can be one of the most amazing experiences of your life, but no one ever said it would be easy. Yes, you're learning new things, establishing your independence, and making new friends. You're also trying to get through calculus and avoid committing accidental plagiarism. You're under scrutiny almost all the time, and the slightest misstep can get you dismissed. All of that could overwhelm anyone.
You don't have to deal with it all on your own, though. Joseph D. Lento and his Education Law Team are dedicated to your future. They want to make sure your school treats you fairly and that you get every opportunity to succeed.
Below, you'll find information about all the reasons the University of Colorado at Boulder might try to dismiss you, including academic misconduct, disciplinary misconduct, sexual misconduct, and poor academic performance. Before you get to any of that, though, know that Joseph D. Lento and the Lento Law Firm Education Law Team team are here for you and ready to help, whatever your situation.
Academic and Disciplinary Misconduct
Academic misconduct has to do with your classroom behavior, and all the activities involved in completing your degree, from writing papers and taking exams to completing projects and conducting research. The CU Boulder Honor Code, for instance, specifically prohibits cheating, plagiarism, resubmission, fabrication, lying, bribery, threats, and unauthorized access. Minor violations are generally handled with academic sanctions like a lowered grade on the assignment or failure in the course. However, serious and repeat violations can get you expelled.
Disciplinary misconduct, on the other hand, has to do with your non-academic behaviors, and the activities you participate in outside of class. The Student Code of Conduct includes dozens of disciplinary rules having to do with everything from underage drinking to trespassing and vandalism. Any violation could potentially get you dismissed, but some—such as drug possession, hazing, and assault—almost always result in dismissal.
Both types of violations—academic and disciplinary—are handled using the same judicial procedures.
- Cases are referred to the Office of Student Conduct and Conflict Resolution (SCCR).
- The SCCR then assigns a “resolution specialist” to investigate the matter.
- You should receive a “Resolution Meeting Notice,” inviting you to discuss your side of the situation with the resolution specialist. This document should also offer a summary of the factual information and a list of your due process rights under CU Boulder policy.
- Among your rights, you have the right to an advisor, someone to help you prepare your case and to accompany you to meetings. This advisor can be an attorney.
- At the resolution meeting, you have the opportunity to offer evidence and suggest witnesses.
- The specialist then conducts a full investigation.
- Once the investigation is complete, the specialist determines whether or not you are responsible for (guilty of) a violation and, if so, what sanctions should be assigned.
- Finally, you can appeal the resolution specialist's findings to the Conduct Appeal Board. However, grounds for appeal are limited to a procedural error, new evidence, and a disproportionate sanction.
Sexual Misconduct
Sexual misconduct is among the most serious allegations any college student can face. As a result, it is usually treated as a separate form of offense, even though it is technically a type of disciplinary misconduct. The minimum penalty for students found responsible is usually suspension. However, dismissal is far more likely.
Sexual misconduct charges are different for another reason as well: they aren't just a matter of school policy but of federal law. Title IX prohibits sexual discrimination and harassment and requires schools to investigate all allegations. In addition, the law contains a set of guidelines for exactly how schools should investigate and adjudicate these allegations. Here's how that process works.
- Cases begin with an accusation by a Complainant (accuser) to your school's designated Title IX Coordinator.
- If the Coordinator decides to proceed with the case, they must issue you a Notification of the Charges. This notification should include details of the allegation as well as a list of your rights.
- Among your rights, you have the right to an advisor, and this advisor may be an attorney. In fact, if you don't have an advisor, the school must appoint one for you since only advisors may conduct cross-examination in Title IX cases.
- The Coordinator then appoints an Investigator. This person meets separately with both sides, interviews witnesses, and collects any physical evidence.
- At the conclusion of the investigation, the Investigator submits an unbiased report on their findings. Both sides then have ten days to review this document and suggest revisions.
- The Coordinator then sets a date and time for a formal hearing and appoints a Hearing Officer to oversee the proceedings.
- At the hearing, both sides have the opportunity to offer evidence and call witnesses. In addition, you have the right to cross-examine each other and any witnesses against you.
- The Hearing Officer decides the case using a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible if they believe it is “more likely than not” that you committed an offense.
- You can appeal the Hearing Officer's decision. In this case, appeals must be based on new evidence, procedural error, or bias on the part of a Title IX official.
Academic Performance Issues
Misconduct isn't the only reason you can be dismissed from CU Boulder. You can also be dismissed for poor academic performance. The school maintains an academic standing policy that requires all students to maintain a minimum 2.0 cumulative GPA. Should your GPA fall below that number, you are subject to an “academic warning,” and should you continue to struggle while under an academic warning, you can ultimately be dismissed.
This type of dismissal can often be more difficult to challenge because it is based on objective facts. That is, either your GPA is high enough, or it isn't. That said, there are some informal ways to challenge academic dismissal decisions. For example, if your deficiencies are the result of extenuating circumstances—like a serious illness or a family emergency—you can try convincing the dean of your college to grant you extra time on academic warning. Likewise, you always have the right to approach your professors and ask them to reconsider your coursework. Joseph D. Lento and his Education Law Team know all the options available to you and can help you to choose the best one for your specific situation.
Fighting for Your Future
Fighting dismissal of any type can be a daunting prospect. You have to develop a defense strategy, collect evidence, and talk to witnesses. All of this takes time and energy that, as a student, you just don't have. You can also expect that faculty and administrators are going to line up against you. Generally speaking, a school closes ranks when it decides to accuse a student of wrongdoing. This should never prevent you from trying, though. You're never any worse off fighting and losing than you would be just giving up. And it's important you know that you don't have to do it all alone.
National Student Defense attorney-advisor Joseph D. Lento and his Education Law Team stand ready to help. Joseph D. Lento's practice is built on helping students just like you handle all types of misconduct charges. He and his team have dealt with everything from plagiarism allegations to rape charges. They know how to negotiate with faculty and administrators, how to formulate witness questions, and how to put together water-tight appeals. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will fight hard to get you the very best possible resolution to your case.
If you or your child is facing dismissal or has already been dismissed, Joseph D. Lento and his team may be able to help. Contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
