Let's start with the basics. If you're in trouble at the University of North Dakota, and someone has mentioned the possibility of dismissal, you don't need to ask if the situation is serious. It is. You can't transfer your way out of a dismissal. First of all, UND won't just let you go on your merry way. Even if you leave school, they'll hold you responsible for the charges. Second, no new school is going to admit you with a dismissal on your transcript. You can always drop out and go to work, but you'll be doing that without a college degree.
Simply put, dismissal is a very big deal and not the sort of situation you want to try and handle on your own. With so much at stake, you need the very best help you can get. You need someone from the Lento Law Firm. Our Student Defense Team is focused on protecting student rights. We are always on your side and ready to fight to make sure you get the best possible resolution to your case.
Before we can do that, though, you have to contact us. Call 888-535-3686 today to find out what we can do for you, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from the University of North Dakota
If you're in trouble serious enough to warrant dismissal, it likely means you've been accused of making a mistake in one of four categories.
- Academic Deficiencies: It could simply be that your GPA has fallen a bit. UND maintains a strict academic standing policy, and a cumulative GPA below 2.0 is enough to receive an academic warning. Continue to struggle, and you can also be suspended and dismissed outright.
- Academic Misconduct: It's possible you're in trouble over a cheating allegation or plagiarism. Among the many rules and regulations contained in UND's Code of Student Life are prohibitions against all forms of academic dishonesty. Again, a single offense isn't enough to get you kicked out of school. A second offense can be, though.
- Disciplinary Misconduct: The Code of Student Life isn't just about academic misconduct. You can also find yourself in trouble for general campus misconduct, like theft, hazing, and weapons possession. Some of these offenses are so serious that even a first violation can result in dismissal.
- Sexual Misconduct: Finally, UND also maintains a policy against sexual misconduct. That policy is backed by Title IX, a federal law. As a result, every credible allegation gets investigated, and Responsible (guilty) students are subject to harsh penalties up to and including dismissal.
Misconduct Defenses
Your Lento Law Firm can help you to challenge an allegation no matter your situation. If you're facing a misconduct allegation, defending yourself is a matter of successfully navigating the university's judicial system. That system affords you a number of important rights, but it's not always easy to know how to use these effectively.
- Cases usually begin with a complaint. However, the university must determine that the complaint has merit before it can initiate an investigation. It is sometimes possible to stop an investigation before it begins.
- If you are under investigation, the university must provide you with a Notice of the Charges. This notice should identify your accuser and provide details of the allegations. For this reason, it can play a crucial role in the early stages of building your defense.
- The notice of the charges will also include a list of your due process rights. Among these, you have the right to an advisor, someone to help you prepare and deliver your case. That advisor can be an attorney, which means a Lento Law Firm attorney can accompany you to all meetings and proceedings.
- Investigators typically begin by interviewing both the Respondent (you, the accused) and the Complainant (your accuser, the alleged victim). In addition, they talk with witnesses and collect physical evidence.
- Ultimately, investigators submit a written report back to the university. The university then sets a time and date for a hearing and selects one or more decision-makers to preside over this hearing.
- Campus hearings resemble criminal court cases like those you may have seen on TV, at least in structure. Both sides get the chance to offer arguments. Both support those arguments with evidence, including witness testimony. Both get the chance to raise questions about the other side's evidence.
- One key difference between criminal cases and campus cases is in how they are decided. In criminal cases, you must be guilty "beyond a reasonable doubt." At UND, the standard is "preponderance of the evidence." That means you're guilty if it seems "more likely than not" that you committed the offense.
- If you should lose your hearing, you can appeal that outcome. However, appeals aren't just about whether or not you agree with the verdict. You must be able to show you were treated unfairly in some way during the process. Grounds usually include new evidence or evidence that you were denied your due process rights in some way.
While this outline applies to all judicial cases at UND, cases can differ in small but significant ways depending on the exact nature of the charges. For example, you're entitled to cross-examine your accuser in Title IX sexual misconduct cases. They are entitled to cross-examine you as well. This can change the entire complexion of a case.
Trust your Lento Law Firm attorney to know all processes and procedures and to prepare you for any eventuality.
Dealing With Academic Dismissal
You may have noticed there's been no mention of academic dismissal cases yet. These are special cases. Because they're based on your grade point average, there's no investigation and no hearing. UND offers no formal appeals process either, so it can be tough defending yourself from such a dismissal.
Tough, but not impossible. You Lento Law Firm attorney will know a number of useful informal strategies for protecting you. For example,
- If you've been dealing with extenuating circumstances, such as a family emergency or a long-term illness, you can petition your college dean directly and ask for more time to improve.
- Disabilities often entitle students to special course accommodations like extra time on assignments. If you discover you have a disability, even a learning disability, you can petition the university to drop low grades from your transcript. Then, you can retake those courses with proper accommodations in place.
- You always have the right to fair treatment in the classroom. If you feel an instructor has mistreated you in some way, you should report this to your instructor's department head. This will lay the groundwork for a grade appeal if that becomes necessary.
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.
