College is tough, and we're not just talking about calculus. You're on your own for the first time, and that's bound to lead to some mistakes. The trouble is colleges and universities are less tolerant of mistakes than ever before. UNC holds students accountable for even the most minor of infractions, and punishments can sometimes be harsh. Each year, dozens of students find themselves dismissed altogether.
How do you make sure you aren't one of them? You start by finding out where the danger areas lie. What are the rules, and which of them, in particular, can get you expelled? At the same time, you need to find out how the school's judicial system works. Keep in mind that you don't have to actually even have to make a mistake to be charged with one. How do you defend yourself if you're accused of something serious? Last but not least, you need to know how to get help. Dismissal from college is a big deal, too big of a deal to try and handle on your own.
Reasons for Dismissal at UNC, Chapel Hill
There are lots of reasons UNC might try to expel you, from hacking into the mainframe to change your grade to keeping ducks in your dorm room. For the sake of convenience, though, most of these reasons can be grouped into four categories.
- Academic Performance: Most dismissals are the result of some form of misconduct. However, you can also be dismissed simply for failing to meet academic standards. UNC reviews your progress at the end of every semester, and if you're not passing enough courses or keeping your GPA higher than 2.0, you can be put on probation, suspended, or ultimately dismissed.
- Academic Misconduct: UNC has an extensive Honor Code that outlines exactly how the school expects its students to behave both in and out of the classroom. The first item in that code is “Academic Dishonesty.” This includes items like cheating, plagiarism, fabrication, and forgery. Even minor violations can be punished with failure in the course. Serious offenses often garner dismissal
- Disciplinary Misconduct: The Honor Code goes on to talk about conduct outside the classroom, everything from stealing and trespassing to fighting and tampering with fire extinguishers. Any violation of the Honor Code can potentially get you expelled, but some offenses—such as hazing and drug possession—almost always lead to dismissal.
- Sexual Misconduct: Another type of misconduct that can get you expelled quickly is sexual misconduct. While such offenses are technically a form of disciplinary misconduct, they are generally treated separately because they are also subject to federal law under Title IX. Suspension is usually the minimum penalty. More often, those found responsible are expelled.
The Adjudication Process
Here's the good news: you have the right to defend yourself from any misconduct charge that might lead to dismissal. The bad news? The judicial system at UNC is serious, and it's complex.
The basic outline of the process looks like this:
- If you've been charged with a violation, it means someone has reported you either to the Office of Student Conduct or the school's Title IX Coordinator.
- Once you've been charged, you can expect a thorough investigation into the incident.
- At UNC, you have a number of important due process rights, including the right to a presumption of innocence and the right against self-incrimination. In addition, you have the right to counsel. The school provides trained defense counselors, but you also have the right to hire an attorney at your own expense.
- Following the investigation, you can expect a hearing. This is an opportunity to argue formally for your innocence. You are allowed to present evidence, call witnesses, and cross-examine the Complainant (your accuser) and any witnesses against you.
- Finally, a panel of decision-makers uses a legal standard known as “clear and convincing” to decide whether you are responsible for a violation. According to this standard, they must find you responsible if they believe the evidence against you is more likely to be true than untrue.
While the process is similar in every misconduct case, there are some important differences, especially between academic and disciplinary misconduct cases and sexual misconduct cases. Perhaps the most important of these involves who controls the process.
- Academic and disciplinary cases are subject to a student-led judicial process. Cases are “tried,” for example, by Student Attorneys General and heard by Honor Panels made up entirely of student members.
- In contrast, sexual misconduct cases are handled by the Title IX Coordinator, who appoints Investigators and Decision Makers specially trained in Title IX procedures.
Appeals Processes
No matter what kind of charge you're facing, you are additionally entitled to appeal the outcome of the hearing. However, there is a time limit of five days on any type of appeal. In addition, grounds for appeal are limited. In academic and disciplinary misconduct cases, you may file an appeal for
- Insufficiency of evidence
- Severity of sanctions
- Violation of procedural rights
In sexual misconduct cases, you may file an appeal for
- Procedural irregularities
- New evidence
- Conflict of interest on the part of a Title IX official
Academic Dismissal Cases
As mentioned above, dismissals for poor academic performance aren't normally subject to judicial review. Rather, they are based on objective criteria, including cumulative grade point average and the number of courses you complete each term.
However, there are methods of dealing with the threat of dismissal, even in these cases. UNC does hear appeals of suspension, for instance, in cases where students have extenuating circumstances that led to their academic deficiencies.
There are less formal ways of dealing with dismissal as well. Some faculty, for instance, are willing to re-evaluate your work if you ask them to. Others are willing to provide extra-credit opportunities. Convincing one professor to raise one grade can sometimes be enough to prevent dismissal.
Joseph D. Lento knows all the options available to you and can help you determine which will work best in your case. He can even coach you in negotiation tactics or help you gather evidence if that's what is needed.
Fighting for Your Future
By this point, you should have a clear sense of just how hard it can be to fight dismissal decisions at UNC. Procedures are complicated and difficult to navigate. Defending yourself requires not only time and energy but an understanding of legal standards like “clear and convincing evidence.” With your very future at stake, you can't afford to try and handle your case alone. UNC gives you the right to counsel and the right to hire an attorney to serve as counsel, and you should take full advantage of that right.
Joseph D. Lento built his practice helping students just like you handle all types of misconduct charges. He's dealt with everything from plagiarism allegations to rape charges. He knows how to negotiate with faculty and administrators; he knows how to formulate witness questions; he knows how to put together a water-tight appeal. Most importantly, no matter what problem you're facing, Joseph D. Lento is on your side and will do everything in his power to get you the very best possible resolution to your case.
To find out more, contact the Education Law Team at the Lento Law Firm today at 888-555-3686, or use our automated online form.
