Facing Dismissal From the University of Florida

No one said college would be easy, and it's not just about how hard courses are. Sure, calculus is difficult. Trying to learn calculus while you're also trying to learn to be an adult, though: that might actually be impossible.

No wonder students are so prone to making mistakes, both academically and personally. In fact, a lot of students don't actually make it to the end of college. Each year, the University of Florida dismisses dozens of students who wind up transferring to lesser colleges or heading directly into the workforce.

Joseph D. Lento wants to make sure you get through all the ups and downs. As a National Student Defense attorney-advisor, he knows how hard you work, and he believes a mistake here, and there shouldn't stand in the way of getting your degree. If you're facing dismissal for any reason, you can count on Joseph D. Lento to do everything in his power to help secure your future.

Reasons for Dismissal at the University of Florida

There are many reasons why the University of Florida might dismiss you. You can find yourself expelled for stalking; you can find yourself expelled for plagiarism. Generally speaking, though, all these different reasons can be grouped into four simple categories. The first of these relates to your performance in the classroom and your academic work. The other three have to do with your campus conduct.

  • Academic Performance: Let's start with academic performance since taking courses is why you came to UF in the first place. In order to remain a student, you have to maintain a minimum 2.0-grade point average. Fall below this mark, and you'll find yourself on Academic Probation. Continue to struggle while on probation, and you can be dismissed from the university altogether.
  • Academic Misconduct: You can also be expelled for committing any one of three kinds of misconduct. These are all mentioned in the Regulations of the University of Florida. The first is academic misconduct. These offenses relate directly to your coursework. The UF Honor Code, for instance, forbids cheating, plagiarism, submitting false or misleading information, and any other sort of “interference with an academic activity.” Serious or repeated offenses often result in dismissal.
  • Disciplinary Misconduct: In addition to the Honor Code, the Regulations also contain a strict Conduct Code. Here you'll find rules relating to your behaviors outside the classroom. As you might expect, for instance, underage drinking is prohibited. So, too, are assault, stalking, theft, and misuse of computer resources. Violations of any of these or other conduct rules can get you expelled.
  • Sexual Misconduct: When it comes to sexual misconduct, dismissal is the most common outcome. These offenses aren't just forbidden by school policy but are also subject to federal law under Title IX of the 1972 Education Amendments. Colleges and universities are zealous in investigating accusations and strict when it comes to punishing offenders.

The Adjudication Process

Luckily, no matter what type of misconduct you've been accused of committing, you have the right to defend yourself. At UF, the process for doing that is roughly the same in all cases.

  • Cases typically begin with an allegation made either to the Office of Student Conduct and Conflict Resolution or the school's Title IX Coordinator.
  • You have a number of important rights as a “Respondent” (accused student). Among these, you have the right to an advisor who may be an attorney.
  • Assuming the accusation is credible, the school then conducts an investigation. This can be simple, as in the case of academic misconduct. On the other hand, sexual misconduct investigations can be quite involved and sometimes take several months to complete
  • The findings of an investigation become the foundation for the next phase in the cases: a formal hearing.
  • At the hearing, you have the opportunity to submit evidence and call witnesses. The hearing panel conducts all examinations, but you may submit questions to be asked. You also have the right to ask questions of the Complainant (accuser). Keep in mind, however, that the Complainant has these same rights. That is, you and your witnesses will have to answer your own set of questions.
  • Once the hearing is over, decision-makers must deliberate as to your Responsibility. In doing so, they are required to use a legal standard known as “Preponderance of Evidence.” Unlike “Beyond a Reasonable Doubt,” they must find you Responsible if they are more than 50 percent convinced you committed a violation.

You should know that because they are subject to Title IX, sexual misconduct proceedings are somewhat different than academic and disciplinary proceedings. For one thing, investigations and hearings are conducted by specially trained Title IX personnel. For another, you have some due process rights you aren't eligible for in other types of cases. For example, your advisor, rather than the hearing panel, conducts an examination and cross-examination. Joseph D. Lento has experience with all types of investigation and hearing procedures and can advise you about the differences between them.

Appeals Processes

Even if you should lose your hearing, you still have a chance to stave off dismissal. The University of Florida guarantees you the right to appeal any hearing outcome. However, it does not guarantee your appeal will be heard.

First, appeals must be filed within ten days. In addition, they must be filed on very specific grounds, including

  • The violation of your rights during the investigative or hearing processes
  • New, relevant information
  • The sanction is disproportionate to the offense.

Academic Dismissal Cases

For the most part, dismissals for poor academic performance are a matter of objective numbers and can't be challenged. However, if mitigating circumstances caused your deficiencies, you do have the right to petition the University Student Petitions Committee to review your case.

There are informal means of dealing with such cases as well. For instance, some professors may be willing to reconsider your work from a semester and give you credit for improvements you made. Others may be willing to assign extra credit assignments to raise your grade. One raised grade can often be the difference in whether you continue at UF or are dismissed.

Here again, Joseph D. Lento can explain all your options to you and help you decide which are most appropriate in your particular circumstances. He can also help you pursue these options. For example, he can coach you in negotiating with faculty, work with you to collect evidence, and offer advice on writing appeals.

Fighting for Your Future

Make no mistake: fighting for your future at the University of Florida can be a daunting proposition. It means developing a defense strategy, collecting evidence, and talking to witnesses. All of these take time and energy, something you don't have a lot of as a student. You're never any worse off fighting and losing, though, than you would be just giving up. And you don't have to take on the fight alone.

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 negotiate with faculty and administrators; he knows how to formulate witness questions; 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, contact the Student Defense Team at the Lento Law Firm today at 888-555-3686, or use our automated online form.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

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