College is serious business these days. There may once have been a time when you could take it easy as a college student and still be certain you'd come out with a C average or that you could maybe streak the quad, and the administration would treat it as a bit of harmless fun. No more. The University of Kentucky doesn't have a sense of humor, and it dismisses dozens of students every year for everything from low GPA to...well, to streaking the quad.
At the Lento Law Firm, we don't believe a false accusation, or even a genuine mistake or two, should jeopardize your chance to earn a degree. We're criminal attorneys, so we know a thing or two about setting up a strong defense. We're dedicated to using what we know to help students, though. We know the University of Kentucky system, and we know how to use it to your best advantage. If someone has mentioned the possibility of dismissal to you, you owe it to yourself to find out just what we can do for you.
Reasons for Dismissal from the University of Kentucky
University dismissals typically happen for one of four reasons: either you're struggling academically, or you've committed some form of misconduct—academic, disciplinary, or sexual. Here's what you need to know about all four reasons.
- Academic Deficiencies: The University of Kentucky Academic Standing policy requires you to maintain a 2.0 cumulative grade point. Any time your GPA falls below that number, or should you earn below a 2.0 for two consecutive terms, you're subject to academic sanctions. Those sanctions begin with probation but progress pretty quickly to suspension and then dismissal.
- Academic Misconduct: Cheating and plagiarism can also get you dismissed. The UK Academic Offenses Rules prohibit any action that could potentially gain you an unfair advantage in the classroom. First offenses are usually punished with classroom sanctions, like lowered grades. Second offenses, though, are subject to more serious sanctions, including dismissal.
- Disciplinary Misconduct: As a member of the larger campus community, you're also subject to the school's Code of Student Conduct. Hazing, underage drinking, trespassing, and any other violation of campus rules can potentially get you dismissed from the UK.
- Sexual Misconduct: This type of offense almost always results in dismissal. Sexual misconduct—from simple harassment to stalking, sexual assault, and rape—are violations of federal law under Title IX, and the UK takes all allegations seriously.
Defending Yourself from Misconduct Charges
If you're being threatened with dismissal over a misconduct charge, you have the right to due process, including a full investigation and the opportunity to defend yourself at a hearing. Here's how those processes generally work.
- Cases begin with an accusation or Complaint made to either Academic Ombud Services, the Office of Student Conduct, or the Title IX Coordinator. These officials must then decide whether to issue a formal charge and open an investigation.
- You have a number of key due process rights any time you are facing charges. These include the right to Notice of the Charges, the right to be presumed “Not Responsible” (innocent), the right to review all case evidence, and the right to appeal. Perhaps the most important of these rights is the right to two “support persons,” one of whom may be an attorney. It means someone from the Lento Law Firm Student Defense Team can accompany you to all meetings and proceedings and offer advice throughout.
- An academic misconduct investigation can be as simple as collecting examples from your coursework. On the other hand, a sexual misconduct investigation can last for several months and include interviews with dozens of witnesses. In any case, you should have the opportunity to speak with investigators and give your side of your story.
- Once the investigation is complete, investigators submit a summary of their findings to the appropriate administrative office. That office then sets a time and date for a hearing and appoints decision-makers to preside.
- At the hearing, you may offer arguments supporting your innocence, submit evidence, and call witnesses. You also have the right to ask questions of any witnesses against you.
- UK cases are decided using a legal standard known as “preponderance of the evidence.” According to this standard, you are guilty if decision-makers believe you “more likely than not” committed the offense.
- In most instances, you have the right to appeal the hearing outcome. However, appeals are not just based on whether or not you disagree with that outcome. Instead, grounds for appeal are limited to
- New evidence
- Some form of prejudice or bias that affected the process
- A sanction that is disproportionate to the offense.
While these general rules apply to all cases, there are some important differences depending on the nature of the charges. For example, in academic misconduct cases, the “hearing” is actually an appeal heard by the University Appeals Board. As a result, the result of the hearing is final.
Whatever the charges, though, you can count on the Lento Law Firm Team to know all the rules and procedures and how to use those rules and procedures to your advantage.
Academic Dismissals
Defending yourself from the threat of academic dismissal can be somewhat trickier than defending yourself from the threat of misconduct dismissals. Academic dismissals are based on your GPAs, and those aren't normally subject to investigation. Your GPA is either high enough or it isn't.
However, even in these cases, the attorneys at the Lento Law Firm can suggest many ways to defend yourself. For instance,
- If you should discover you have a learning disability, you may be able to set aside your low grades and retake courses with classroom accommodations in place.
- If your deficiencies are the result of extenuating circumstances, such as a serious illness, you can petition the dean of your school or college directly. They may be willing to give you more time to improve before imposing dismissal.
- Some faculty are willing to assign makeup and extra credit work, especially to students with borderline grades. This can be an easy way to get your GPA up.
Fighting for Your Future
By this point, you probably have a clear sense of why you need the help of an attorney-advisor to fight dismissal decisions. Campus judicial procedures can be complex and difficult to navigate, and the full weight of your school will likely be against you.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento Law Firm Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm Team can do for you, contact us today at 888-535-3686, or use our automated online form.
