In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
If you've been at the University of New Mexico for more than a minute, you already know that they don't just give those diplomas away. It takes hard work and perseverance to earn a degree at UNM. And even that sometimes isn't enough. In addition to keeping your GPA high, you've got to abide by a long list of campus rules if you want to make it to graduation.
Plenty of students don't. A few drop out, but a healthy number also find themselves dismissed each semester. How do you make sure it doesn't happen to you?
At the first sign of trouble—any kind of trouble—you contact the Lento Law Firm. Our Student Defense Team is experienced when it comes to education law. More importantly, though, we know how the University of New Mexico works. We know what the process is for appealing grades; we know the rules and procedures for defending yourself from a misconduct allegation; we know how to protect your rights. For more information and to find out what we can do for you, call 888-535-3686 or use our automated online form.
Reasons for Dismissal from the University of New Mexico
Protecting yourself from dismissal starts with knowing the various rules at UNM. That will help you avoid making mistakes. It's also vital information for putting together a defense, just in case—you know—trouble should come looking for you.
- Academic Performance: Your first job at UNM is to be a student. That means meeting your individual college or school's academic standing policy. Most resemble the College of Arts and Sciences policy. Good standing means keeping a cumulative GPA above 2.0. If yours should fall below that number, you're placed on academic probation. Should you continue to struggle, you can also be dismissed.
- Academic Misconduct: In addition to your college's academic standing policy, you're also accountable for following the university's Academic Dishonesty policy. That prohibits all forms of classroom misconduct, including both cheating and plagiarism. A single violation won't normally put your academic career in jeopardy. You can be dismissed, though, for second and additional offenses.
- Disciplinary Misconduct: Your general campus conduct is subject to the university's Student Code of Conduct. This contains strictures about everything from underage drinking to trespassing. Any violation can lead to dismissal. Some, though, like hazing and weapons possession, almost always lead to dismissal
- Sexual Misconduct: Sexually-based offenses are also commonly punished with dismissal. Sexual misconduct is not just a violation of school policy but, under Title IX, of federal law as well. The U.S. government requires colleges and universities to investigate all credible complaints and encourages schools to issue severe penalties to anyone found Responsible.
Misconduct Procedures
Dismissal cases tend to be divided into two types—misconduct dismissals and academic dismissals. If you've been charged with misconduct—academic, disciplinary, or sexual—you are entitled to some due process protections. For example, the school must undertake an investigation and offer you the chance to defend yourself at a hearing.
- Cases usually begin with a Complaint lodged against you by either a Complainant (alleged victim) or the university itself.
- Any time you are under investigation, the university must issue a Notice of the Charges. This should include details about the allegation—details that can help you begin building your defense.
- Notice of the Charges should also include a list of your rights throughout the process. For instance, you have the right to be presumed “Not Responsible” (innocent), the right to review all evidence and the right to advanced notification of any meetings and proceedings. Among your most important rights is the right to an advisor and to choose an advisor who is an attorney. That means someone from the Lento Law Firm can accompany you to all meetings and proceedings.
- Investigators generally begin by asking Respondents (the accused) to give their side of the story. In addition, they'll interview the Complainant and any witnesses, and they'll collect any physical evidence.
- Ultimately, investigators compile their findings into a written summary of the case. They turn this summary over to the university. The university then sets a time and date for a hearing and chooses one or more decision-makers to preside over the proceedings.
- At the hearing, both sides present their full cases. You may, for instance, offer up evidence and call witnesses to testify on your behalf. In addition, you may cross-examine any witnesses against you.
- At the conclusion of the hearing, decision-makers determine whether or not you are Responsible for (guilty of) an offense. To do this, they use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you guilty if they are more than fifty percent convinced you are Responsible.
- You can appeal the hearing outcome, but only under certain very limited conditions.
- Procedural error
- New evidence
- Evidence that does not fit the findings
- Sanction that is disproportionate to the offense
While this general outline applies to all misconduct cases, there are some small but important differences between how different types of cases are handled. For example, in Title IX sexual misconduct cases, you are allowed—through your advisor—to cross-examine the Complainant, and the Complainant is allowed to cross-examine you.
The attorneys at the Lento Law Firm are well-versed in all of the University of New Mexico's rules and procedures. No matter what charges you may be facing, you can count on the firm's Student Defense Team to help you navigate the process.
Academic Dismissal Cases
Academic dismissal cases are almost always based exclusively on your GPA. Except in extraordinary circumstances, your GPA isn't open to debate. No need for an investigation, no need for a hearing, and no due process protections.
That doesn't mean you have no options. The Lento Law Firm knows a number of useful strategies for avoiding academic dismissals as well. For example,
- If your deficiencies are the result of extenuating circumstances, you can ask the dean of your school or college for more time to improve. A long-term illness, for instance, might warrant probation rather than dismissal.
- Consistently low grades can be a sign of a deeper problem: a learning disability. If you should discover you have an undiagnosed disability, you can ask the university to set aside your low grades and allow you to retake those courses with accommodations in place.
- You can always ask instructors for extra credit or makeup assignments. If you have a borderline grade, this can be a quick way to pull your GPA up.
As with misconduct dismissals, you can count on the Lento Law Firm to help you come up with an effective plan and to work side-by-side with you to implement it.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney to fight dismissal decisions. 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.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team has dealt with everything from plagiarism allegations to rape charges. They know how to negotiate with faculty and administrators; they know how to interview witnesses; they know how to put together water-tight appeals. Most importantly, no matter what problem you're facing, they are on your side and will do everything in their power to get you the very best possible resolution to your case.
To find out more about what the Lento Law Firm can do for you, contact the firm today at 888-535-3686 and find out what we can do to help. Or use our automated online form.
