The University of Notre Dame is a prestigious school. Graduating from there means you're virtually assured of finding success in your career. That's the real trick, though, isn't it: graduating. Not everyone does. Every year, for example, dozens of students are expelled for everything from underage drinking to low GPAs.
Joseph D. Lento wants to make sure you're not one of them. You can find out all about the reasons for dismissal at UND below, which should help you avoid most problems. For the rest? Joseph D. Lento is a National Student Defense attorney-advisor who can help you fight any type of dismissal. He knows how Notre Dame judicial processes work; he knows how to use them to your advantage. So, if, despite your best efforts, you find yourself in trouble at UND, Joseph D. Lento and his Education Law Team are also ready and willing to help you fight for your academic future.
Reasons for Dismissal at the University of Notre Dame
There are essentially two reasons why a university might decide to dismiss you: classroom performance or behavioral misconduct.
- Academic Performance: You came to Notre Dame to be a student, and you can expect the university to hold you to high academic standards. If, for example, you cannot maintain a 2.0-grade point average, you will find yourself on probation. Continue to struggle while on probation, and you may be dismissed entirely.
- Misconduct: your actions are also subject to close scrutiny at Notre Dame, the more so because the school is a Catholic institution. You can be dismissed for academic misconduct, such as cheating and plagiarism; for disciplinary misconduct, from theft to sex out of wedlock; and for sexual misconduct, including harassment and discrimination.
The Adjudication Process
If you've been accused of misconduct—academic, disciplinary, or sexual—you have the right to defend yourself at the University of Notre Dame. If the charges could potentially lead to your dismissal, you have the right to a thorough investigation, a formal hearing, and to appeal the hearing outcome. Here's how those processes generally work.
- A case begins with a complaint against you. The school must then decide if the complaint has merit.
- If the school decides to proceed, it will initiate an investigation. In an academic misconduct case, this may be as simple as gathering evidence of your coursework. In sexual misconduct cases, on the other hand, an investigation can last several months and involve multiple witness interviews and the collection of physical evidence.
- You have the right to a “support person,” someone to help you prepare your defense.
- Once the investigation is complete, the investigators' findings become the foundation for a formal hearing.
- At the hearing, you may present evidence and call witnesses. You may also ask questions of the Complainant (your accuser) and any other witnesses against you. The Complainant may do the same.
- At the conclusion of the hearing, decision-makers must determine whether or not you are “Responsible for” (guilty of) an offense. If you are found Responsible, decision-makers also decide on an appropriate sanction.
- Finally, you may appeal the hearing outcome. However, there are strict time limits on filing appeals. In addition, you can't appeal the outcome simply because you disagree with it. Grounds for appeal are limited to things like the discovery of new evidence, procedural error, and accusations of potential conflicts of interest.
Some Differences in Adjudication Processes
The basic outline of misconduct cases is always the same, no matter the particular charge. However, at the University of Notre Dame, there are some important differences in how different kinds of cases are handled.
If you are facing academic misconduct charges:
- Complaints are made to your school or college's Honesty Committee; a group made up of both faculty and students.
- Cases are heard by a Hearing Panel made up of two faculty members and three students, all drawn from the committee.
- You have the right to be accompanied to all meetings by a support person, who may be anyone from the Notre Dame community. However, this person may not be a parent or an attorney.
- Outcomes are based on the legal standard “clear and convincing,” which requires decision-makers to find you Responsible if they believe the evidence against you is more likely true than not true.
- Appeals must be filed in writing with the dean of the college within seven days of notification of the hearing outcome.
If you are facing disciplinary misconduct charges:
- Complaints are handled by the Office of Student Affairs.
- Any investigation is conducted by staff members from the Office of Community Standards.
- Cases are heard by two staff members from the Office of Community Standards.
- As in academic misconduct cases, you may have a support person, but only someone drawn from the university community.
- Cases are decided using the legal standard “preponderance of evidence.” This standard requires decision-makers to find you Responsible if they believe it is “more likely than not” that you committed an offense.
- Outcome Reviews (appeals) must be submitted to the Vice President for Student Affairs, who appoints a Conduct Case Review Coordinator.
Finally, sexual misconduct allegations are subject to federal law under Title IX. This law sets up the rules and guidelines that govern investigations and hearings
- Complaints originate with the school's designated Title IX Coordinator.
- Investigations are conducted by a trained Title IX Investigator and can take up to 60 days to complete.
- You have the right to request a revision to the Investigative Report before the hearing.
- Cases are heard by a Hearing Officer appointed by the Title IX Coordinator and two Student Hearing Board Committee members.
- You are entitled to an advisor of your choice, and this advisor may be an attorney.
- Your advisor must conduct any cross-examination of witnesses at the hearing.
- Hearing Panel decisions are based on “Preponderance of Evidence.”
- Appeals must be filed within ten days of being notified of the hearing outcome and are decided by a Title IX Appeals Coordinator.
Academic Dismissal Cases
Cases of dismissal that relate to poor academic performance are handled quite differently from misconduct cases. For one thing, decisions regarding standing, including dismissal, aren't generally subject to review but are made automatically based almost entirely on grade points.
You can formally appeal such dismissals to the dean of the college and school in which you are enrolled. However, appeals must be based on any extenuating circumstances—illness, for example, or family emergency—that may have caused your deficiencies.
Likewise, if you are dismissed, you can apply for readmission to Notre Dame by petitioning the school's Review Committee for Returning Students.
There are also a number of informal means of responding to dismissal in these cases, such as negotiating directly with faculty for a higher grade.
Joseph D. Lento knows all the options available to you in such cases, as well as which ones are likely to work in your particular situation.
Fighting for Your Future
You probably already have a good sense of why you need an attorney-advisor if you're fighting dismissal at the University of Notre Dame. Procedures can be complicated and, at best, difficult to navigate.
Despite this fact, the University of Notre Dame doesn't always allow you to bring an attorney with you to meetings and proceedings. Nevertheless, an attorney can be crucial in preparing your case, whether or not they are allowed to accompany you to hearings. An attorney can help you formulate a strategy, gather evidence, develop questions for witnesses, and monitor how the school treats you.
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 interview witnesses; 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 about what Joseph D. Lento can do for you, contact the Lento Law Firm today at 888-555-3686, or use our automated online form.
