Dismissal is always a scary prospect. Yes, rules and procedures for defending yourself can be complicated. Yes, you can expect Ole Miss to bring its full weight as an educational institution to bear against you. The really frightening aspect of these cases, though, is that if you are dismissed, that dismissal can have serious long-term consequences. You'll probably find it impossible to find another school to accept you, and that means entering the job market with no degree and, in many cases, student loan debt.
You don't have to face this prospect alone, though. The Lento Law Firm was founded to help students get the rights they deserve and every reasonable opportunity to earn their degrees. We're on your side, no matter what the situation. Our Education Law Team knows the Ole Miss system and how to use it to your advantage.
If you're in trouble, you owe it to yourself to find out what we can do to help. Contact the Lento Law Firm today at 888-535-3686 or use our automated online form.
Reasons for Dismissal from the University of Mississippi
If someone at Ole Miss has mentioned the possibility of dismissal to you, you need to find out exactly what kind of charge you're facing. A strong defense begins with a clear understanding of the accusations against you. There are basically four categories of offense that can get you dismissed.
- Poor Academic Performance: You're a student, and that comes with certain academic responsibilities. UM maintains a strict academic standing policy that requires you to maintain a minimum 2.0 GPA. Any time your grades fall below that number, you're placed on probation. If you continue to struggle while on probation, you can also be dismissed entirely.
- Academic Misconduct: As you might imagine, the university has little tolerance for cheating, plagiarism, and any other kind of activity that might give you an unfair advantage as a student. Most of the time, first offenses are punished with in-class sanctions, like lowered grades on assignments. Should you get caught violating the policy a second time, though, dismissal is definitely on the table.
- Disciplinary Misconduct: Beyond the classroom, you're expected to follow all Ole Miss disciplinary policies. These are contained in the M Book and concern everything from theft to weapons possession. Any violation of any policy can result in dismissal if the violation is serious enough.
- Sexual Misconduct: This form of misconduct almost always results in dismissal. Most allegations are handled under Title IX, a federal law barring sexual discrimination and harassment. As a result, procedures can be confusing, and penalties can be harsh.
Misconduct Procedures
Misconduct cases always involve an accusation, and that accusation must be proven before Ole Miss can dismiss you. In other words, you have an opportunity to defend yourself. Further, you have several important due process rights to help protect you as you build your defense.
- Ordinarily, cases begin when someone reports you to the Academic Discipline Committee (ADC), the Office of Student Rights and Responsibilities (SRR), or the Title IX Coordinator.
- You're provided with an official Notice of the Charges any time you are under investigation. This notice should include details of the allegation and a full list of your due process rights.
- In all cases at the University of Mississippi, you have the right to bring a support person with you to meetings and proceedings, and this support person can be an attorney. Your Lento Law Firm attorney can't represent you, but they can be on hand to provide advice and help you respond to questions.
- Next, investigators gather evidence in the case. Most often, they begin by meeting separately with both sides. In addition, however, they will interview witnesses and collect any physical evidence.
- At the conclusion of the investigation, investigators submit their findings back to the school. The school then sets a time and date for a hearing and appoints one or more decision-makers to preside over that hearing.
- At the hearing, both sides get to present their cases. You may offer up arguments, submit evidence, and call witnesses to testify. You may also raise questions for any witness testifying against you.
- Once the hearing is complete, decision-makers must render a decision as to your Responsibility (guilt). To do this, they use a legal standard known as “preponderance of the evidence.” This standard requires them to find you guilty if they believe it is “more likely than not” that you committed an offense.
- Finally, you have the right to appeal the hearing outcome, but not simply because you disagree with that outcome. Grounds for appeal are limited to
- A procedural irregularity
- New evidence
- A conflict of interest on the part of a decision maker
No matter what type of charges you're facing—academic, disciplinary, or sexual—you can count on your Lento Law Firm attorney to guide you through the process. We know, for instance, that you're allowed to cross-examine the Complainant (your accuser) in Title IX cases and how to use this to your advantage. We know who sits on the Academic Disciplinary Committee. We know what types of questions you're allowed to ask witnesses and what types of questions you can't. Trust us to get you through it all.
Academic Dismissal Cases
Academic dismissal cases are treated somewhat differently than misconduct dismissal cases. There's no need for an investigation or hearing, for example, since the basis of dismissal is an objective fact: your GPA.
Nevertheless, you should never simply accept dismissal. The Lento Law Firm's Student Defense Team knows a number of strategies that, even in these cases, can help salvage your academic career. For example,
- If your low grades are the result of extenuating circumstances, like a mental health crisis or a family emergency, you can always appeal directly to your college dean for more time to improve.
- If you should discover you have a previously undiagnosed learning disability, you can petition the university to drop your low grades and allow you to retake those courses without penalty.
- Faculty are sometimes open to the process of grade negotiation. One of the simplest approaches is to ask for extra credit or makeup work. An extra lab assignment or a paper rewrite could keep your GPA high enough to avoid dismissal.
Fighting for Your Future
By this point, you should have a clear sense of why you should never fight dismissal on your own. Procedures can be complex and difficult to navigate, and the full weight of your school will be against you. Plus, it's no exaggeration to say that your entire future is on the line.
Luckily, you don't have to fight alone.
The Lento Law Firm was built to help students. We're committed to protecting your rights and to getting you every reasonable opportunity to complete your degree.
Our Student Defense Team knows how to negotiate with faculty and administrators, but we can also be fierce when we need to. Let us help you fight for your academic future. To find out more, contact the firm today at 888-535-3686. Or, use our automated online form.
