The prospect of dismissal can be scary. We get it. We know exactly what's at stake—your friends and community, your academic progress, your reputation. Plus, with a transcript notation about your offense, it can be virtually impossible to transfer to another program.
No one takes your situation more seriously than the attorneys at the Lento Law Firm. Our Student Defense Team was founded to protect student rights. We've helped hundreds of students just like you defend themselves from all types of charges. We know how the University of Dayton works, and we can show you how to use administrative and judicial systems to your advantage.
However, before we can help you, you have to contact us. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from the University of Dayton
There are four categories of offense at the University of Dayton, though each category contains multiple kinds of violations.
- Academic Deficiencies: First, the university expects you to meet certain minimum academic standards. The academic standing policy requires you to maintain at least a 2.0 cumulative grade point average. You aren't dismissed the moment yours falls below that number; you're placed on probation. If you continue to struggle while on probation, though, dismissal is possible.
- Academic Misconduct: You're also expected to abide by the University of Dayton's academic integrity policy, including the Honor Code. As you might expect, cheating and plagiarism can get you into trouble, as can any other sort of classroom dishonesty. Here again, a single offense probably isn't enough to get you dismissed. Multiple offenses are frequently punished with dismissal, though.
- Disciplinary Misconduct: Your nonacademic behavior is governed by the university's Student Code of Conduct. Here, you'll find rules and regulations governing everything from underage drinking to misuse of computer resources. In this case, any violation can lead to dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: Though it is technically a form of disciplinary misconduct, sexual misconduct is treated as its own category of offense. Not only are such allegations especially serious, but they are subject to federal Title IX guidelines. Dismissal is actually the most common outcome in these cases.
Misconduct Defenses
For all the many rules at the University of Dayton - all the reasons you can find yourself in trouble - the university cannot dismiss you without cause. The allegations against you must be credible and actionable. The university must have evidence to substantiate the allegations. And you must be allowed to challenge this evidence at a hearing.
- Anyone can lodge a complaint against you. They're referred to as the “complainant.” As the accused, you are referred to as the “respondent.” The investigation and hearing are meant to uncover whether or not you are “responsible for” (guilty of) a university offense.
- The university cannot conduct secret investigations. It must provide you with notice of any charges filed against you. Further, this notice must include a description of the allegations and a complete list of your due process rights. This material is crucial in building your defense.
- The university must conduct some sort of investigation. It cannot proceed against you without evidence. As part of the investigative process, you have the right to give your side of the story, to submit evidence, and to suggest witnesses for investigators to interview.
- · The length of investigations varies. Investigations into academic misconduct accusations may take as little as a week. On the other hand, sexual misconduct investigations often take weeks or even months to complete. Once they are complete, though, investigators submit a written report of their findings, and the university sets a time and date for a hearing.
- The hearing affords you the chance to argue for your innocence before one or more trained decision-makers. In this case, you may introduce evidence, call witnesses, and raise questions for anyone testifying against you.
- Hearing outcomes are based on a legal standard known as “preponderance of the evidence.” According to this standard, decision-makers must find you responsible (guilty) if they are more than fifty percent convinced you committed the offense.
- You can appeal a responsible outcome. However, you must have grounds to do so, such as a procedural error, new evidence, or a disproportionate sanction.
Unfortunately, in most cases, the University of Dayton does not allow you to bring an attorney with you to investigative meetings or hearings. The exception is Title IX sexual misconduct cases, where the rules are set by the government.
However, the university cannot prevent you from consulting with a Lento Law Firm attorney, and we can work with you to build and present your case, even if we can't accompany you to official proceedings. For example, we'll help you uncover evidence and work with you to identify your strongest arguments. We'll coach you on how to respond to investigators. We'll make certain you're fully prepared to present your case at the hearing. And we'll ensure your rights are protected every step of the way.
Dealing With Academic Dismissal
Academic dismissals can be a bit trickier to defend against than misconduct dismissals. Nevertheless, your Lento Law Firm attorney knows some valuable strategies that can help you, even in these cases. For example,
- If you've been dealing with any type of extenuating circumstances—a long-term illness, for instance, or a family emergency—you can petition the dean of your college directly for more time to improve.
- A low GPA can be a sign of a learning disability. You are entitled to disability testing at the Disability Services office. If you should have such a disability, you are further entitled to appropriate course accommodations, to drop low grades from your GPA, and to retake any courses in which you would have benefitted from accommodations.
- Of course, the easiest way to deal with a low GPA is simply to ask instructors for extra credit and makeup assignments. Many will say no, but enough will usually say yes to help you avoid the prospect of dismissal.
Fighting for Your Future
By this point, it should be abundantly clear why trying to defend yourself from dismissal is always a dangerous proposition. It's no easy task taking on a university, and the stakes are incredibly high. Luckily, you don't have to go it alone. The Lento Law Firm was built to help students. Our Student Defense Team can also be fierce when it comes to protecting our clients, and we're not afraid of faculty and administrators.
Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, fill out our online questionnaire.
