Far too many university students who find themselves in trouble and facing dismissal simply give up, accept the punishment, fair or not, and move on. The fact is that universities across the country have become far too strict when it comes to rules and regulations and far too severe in the punishments they dole out. You should always fight for your academic future.
The Lento Law Firm is committed to protecting student rights. We don't believe you should be punished for an offense you didn't commit, and even if you did make a mistake, we don't think you should suffer outright dismissal for it. If you've found yourself in trouble at the University of Missouri, St. Louis (SMSL), and someone has brought up the possibility of dismissal, contact our Student Defense Team and see how we can help.
Call 888-535-3686, or take a few minutes right now and fill out an online form.
Reasons for Dismissal from UMSL
There isn't just one reason UMSL can dismiss you; there are dozens, too many, in fact, to list them all here. What we can do is give you the four major categories of offense. Know these, and you can avoid most trouble at the university.
- Academic Deficiencies: First, you're a student, and as a student, you're held to rigorous academic standards. UMSL's academic standing policy requires you to maintain a minimum 2.0 GPA. Anything lower than that means you're placed on academic notice. Continue to struggle, and you can also wind up dismissed.
- Academic Misconduct: Your second area of concern should be how you complete your coursework. Like all colleges and universities, UMSL has a strict academic integrity policy that outlaws all forms of dishonesty, including cheating and plagiarism. As with the standing policy, UMSL isn't going to dismiss you the first time you make a mistake. A second offense could certainly be enough, though.
- Disciplinary Misconduct: Your general campus behavior is governed by UMSL's Student Code of Conduct. The code governs things like trespassing, underage drinking, weapons possession, and drug usage. You can be dismissed for any violation, even a first offense, if it is serious enough.
- Sexual Misconduct: Sexually-based offenses are almost always punished with dismissal. UMSL's policy is based on Title IX, a federal law, and the government encourages universities to issue harsh punishments to offenders.
Misconduct Defenses
If you've been accused of misconduct, it's important to remember that an accusation is not a conviction. You have the right to a presumption of Not Responsible (innocence), and UMSL must prove you committed an offense through an investigation and hearing before it can take official action against you. Here's what you can expect from the process.
- Cases typically begin with an allegation. Different offices deal with different types of offenses. Before the university proceeds against you, though, it must first decide whether or not the allegations are credible and actionable.
- If the university does decide to issue charges, it must provide you with a Notice of those Charges. This notice will contain vital information about the allegations, information you can use to begin preparing your defense. It should also apprise you of your due process rights.
- It's not always easy to know how to use all your various rights, but this one can be the key to using the others effectively. The Lento Law Firm attorney can help guide you through every step in the process. They'll make sure you're prepared and that you make all the right choices.
- The university will conduct some form of investigation. Investigators usually start by interviewing Respondents (the accused, you). They'll also interview the Complainant (your accuser) and any relevant witness and collect all physical evidence associated with the case.
- Once the investigation is complete, investigators submit a written summary of their findings. You should have the chance to review this document. The university then sets a time and date for a hearing.
- A hearing resembles court cases you may have seen on television. Both sides make arguments, introduce evidence, and call witnesses. A trained decision-maker presides over the proceedings and ultimately renders a decision once both sides have been heard.
- Unlike most court cases, though, campus hearings aren't decided “beyond a reasonable doubt.” Instead, decision-makers use a 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 also have the right to appeal the hearing outcome if you have "grounds" for appeal. Grounds at UMSL include:
- Some departure from normal procedure
- The discovery of new evidence that could potentially affect the outcome
- A conflict of interest or bias on the part of a decision-maker
- A sanction that is disproportionate to the nature of the offense.
This broad outline provides enough basic information to prepare a basic defense. A strong defense, though, means knowing exactly what to expect in every possible situation. Judicial processes can differ significantly depending on the nature of the charges. In Title IX cases, for example, you and the Complainant get to cross-examine one another. That can radically change the nature of your defense strategy.
You can count on the attorneys at the Lento Law Firm to be familiar with all of UMSL's judicial procedures. We'll stand by you from start to finish and make sure you get the very best possible outcome.
Academic Dismissal Cases
Academic dismissals don't work like misconduct dismissals. Virtually all decisions are based on your GPA, and there's no need for an investigation or hearing to determine what that is. In fact, dismissals in these cases are essentially automatic.
That does not mean you must simply accept an academic dismissal. The Lento Law Firm knows a number of useful strategies for avoiding these kinds of sanctions as well, though many of these strategies are informal.
- For instance, you always have the right to ask instructors for extra credit and makeup work. Not all of them provide these kinds of opportunities, but you won't be any worse for having asked, and this could be a simple way to pull up grades and your GPA.
- If you consistently struggle with coursework, it may be worthwhile getting tested for a learning disability. You are entitled to appropriate course accommodations, and if you didn't receive them the first time around, you can ask UMSL to drop those grades and let you retake courses without penalty.
- If your academic deficiencies are the result of mitigating circumstances, such as a serious bout of depression or a family emergency, you can appeal directly to the dean of your school or college for more time to improve.
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.
