No one said college was easy. Courses are challenging; professors are demanding, and it's not just academics you have to worry about. Perhaps no place in the country is monitored as closely as university campuses, and there are rules about everything from alcohol consumption to who you can invite into your dorm room. Maybe that's why every semester, the University of Maryland dismisses dozens of students.
How do you make sure you're not one of them? You start by finding out everything you can about UM's policies and procedures. You need to know exactly why you can be dismissed and exactly how to go about fighting any charges you might face.
Then, find out how you can get help if you should need it. National Student Defense attorney-advisor Joseph D. Lento built his practice by making sure students are treated fairly and given every right they deserve. If you're facing dismissal, you don't want to take on your school alone. You want Joseph D. Lento by your side.
Academic Misconduct
Academic misconduct, as the name implies, has to do with your classroom behavior. The University of Maryland expects you to earn your degree honestly and will punish you for any action that could give you an unfair advantage as a student. In simple terms, that means no plagiarism, no cheating, no fabrication, and no helping others commit these policy violations.
The “normal sanction” for offenses at UM is an XF—a special type of F that indicates you engaged in some form of academic dishonesty. That's serious enough, but especially major offenses and repeat offenses can get you expelled.
- Dismissal cases are usually handled by a Disciplinary Conference Board made up of two students from the University Student Judiciary and a staff member from the Office of Student Conduct.
- While you are not entitled to a full hearing, you are entitled to appear before this Board and make your case. As part of the proceedings, you may call witnesses to testify on your behalf, and you may choose an advisor to accompany you. Importantly, this advisor can be an attorney, though they may not represent you, only offer advice.
- The Board uses a legal standard known as “Clear and Convincing” to decide whether or not you are Responsible for (guilty of) an offense. According to this standard, they must believe the evidence against you is more likely to be true than not true.
- You may appeal the Board's decision to the University Senate Student Conduct Committee Appellate Body, but only in very limited circumstances, including the discovery of new evidence, the revelation of a procedural error, a capricious decision, or a sanction disproportionate to the offense.
Disciplinary Misconduct
Behavior outside the classroom is governed by UM's Code of Student Conduct. This document deals with things like alcohol usage, property damage, disorderly conduct, and forging documents. It also describes the procedures for dealing with all infractions.
- The Office of Student Conduct handles all allegations. Cases are heard by a Student Conduct Board made up of five students.
- The Code of Student Conduct makes no mention of an investigation other than to note that the Office of Student Conduct will request a preliminary interview with Respondents (the accused).
- At the hearing itself, you have the right to present your full case. This means you may offer evidence, call witnesses and ask questions of any witnesses against you.
- As in academic misconduct cases, you have the right to an advisor, who may be an attorney.
- Disciplinary misconduct cases are decided using a different legal standard known as “preponderance of evidence.” According to this standard, decision makers must find you Responsible if they believe it is “more likely than not” that you committed an offense.
- You may appeal the Board's decision, but again, only in cases of new evidence, procedural error, a capricious decision, or a disproportionate sanction.
Sexual Misconduct
Sexual misconduct is a form of disciplinary misconduct, and it is mentioned in the Code of Student Conduct. However, this offense isn't just a violation of school policy; under Title IX, it's a violation of federal law. As a result, a finding of Responsibility in these cases almost always means expulsion.
In addition, the investigation and adjudication processes are slightly different than in other types of cases.
- Cases are handled by the Title IX Coordinator, who appoints specially trained officials to investigate and preside over hearings.
- Investigations are generally more thorough than in other types of misconduct cases. In fact, the entire case can take up to four months to resolve.
- Once the investigation is complete, you are entitled to a formal, live hearing.
- As in other types of cases, you have the right to an advisor who may be an attorney. In fact, in Title IX cases, your advisor is the only person allowed to cross-examine witnesses.
- The standard of evidence is, again, preponderance of evidence.
- You are entitled to appeal the outcome, in this case, for new evidence, procedural error, disproportionate sanction, or bias on the part of a Title IX official.
Academic Performance Issues
In addition to academic, disciplinary, and sexual misconduct, the University of Maryland can also dismiss you for academic deficiencies. Under the school's Academic Performance policy, you must maintain a minimum cumulative grade point average of 2.0. Failure to meet this standard means probation, and failure to meet it after a semester on probation can result in dismissal.
You can appeal the dismissal to the school's Faculty Petition Board if you have extenuating circumstances that have caused your deficiencies. This can earn you an additional semester of probation. In addition, if you are dismissed, you can apply for reinstatement after one semester apart from the university. However, unlike in misconduct cases, these petitions are not subject to a full hearing but are based strictly on the documents you submit to the Board.
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. That doesn't mean you shouldn't make an effort. It's no exaggeration to say that your future is at stake, and you're never any worse off fighting and losing than you would be just giving up.
It's also important you know that you don't have to take on your school alone. National Student Defense attorney-advisor Joseph D. Lento stands ready to help. Joseph D. Lento built his career helping students just like you handle all types of misconduct charges. He and his Education Law 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 have already been dismissed, Joseph D. Lento may be able to help. Contact the Lento Law Firm today at 888-555-3686.
