College students tend to make mistakes. A lot of mistakes. Why? Think about it: you aren't just taking classes the way you were in high school. You're on your own for the first time. No one's around to make sure you get up on time, go to class, or finish that paper that's due Friday. You aren't terribly experienced at adulting yet, and you're going to mess it up. A lot.
The goal is not to let your mistakes cost you your future. How do you do that? At the very first sign of trouble, you make sure you get help. The Lento Law Firm was founded to help students deal with tricky situations. We're committed to getting you a fair shot at earning your degree, even if you make a few mistakes along the way.
If you're facing dismissal from the University of Texas at El Paso for any reason, the Lento Law Firm is here to help. We're always on your side, and we have the background and experience to back up our commitment. For more information, call 888-535-3686 or use our automated online form.
Reasons for Dismissal at UTEP
It turns out there are dozens of rules at UTEP, and breaking almost any of them can lead to dismissal if the situation is serious enough. Luckily, they can all be grouped into four categories. Knowing these can help you avoid most problems.
- Academic Performance: First and foremost, you're a student, and that means meeting UTEP's academic expectations. Undergraduates must maintain a minimum 2.0 cumulative GPA to remain in good standing. You won't be dismissed just because your grades fall below that number. Struggle consistently, though, and that can be the end result.
- Academic Misconduct: It's not always easy to meet high academic standards. That leads some students to try alternative methods to earn good grades. Cheating and plagiarism can get you into just as much trouble as low grades, though. Just check UTEP's policy on Student Conduct and Discipline. Again, a first offense probably won't doom your career. Multiple offenses, though, are frequently punished with dismissal.
- Disciplinary Misconduct: There are plenty of other types of misconduct that can get you into trouble at UTEP besides cheating. The Conduct and Discipline policy also contains strictures against things like underage drinking, hazing, and weapons possession. Any violation can result in dismissal if the offense is serious enough.
- Sexual Misconduct: This type of misconduct is so serious that, while it's technically a form of disciplinary misconduct, it's treated as its own type of offense. It's also governed by rules laid down by federal law under Title IX. If you're caught committing sexual misconduct, dismissal is the most likely penalty.
Misconduct Procedures
You know the rules. You're doing your very best to follow all of them. Sometimes, though, trouble comes looking for you. We all make mistakes. It's also true that misunderstandings happen, as, occasionally, do false allegations. Whatever your particular situation, you need to know how to defend yourself should you ever be charged with misconduct.
- Cases typically begin with a complaint against you, lodged either with the Office of Student Conduct and Conflict Resolution (OSCCR) or, in the case of Title IX sexual misconduct, the Title IX Coordinator.
- If you are under investigation for any type of misconduct, the university must provide you with a Notice of the Charges. This notice should include details of the allegation and a list of your due process rights.
- One of your most important rights is the right to an advisor. Further, this advisor can be an attorney. This means someone from the Lento Law Firm can be beside you from the very moment you are charged. While they cannot speak on your behalf, they can offer important advice and help make sure you don't make any mistakes.
- Investigators will normally start by giving you a chance to give your side of the story. In addition, however, they will interview any other witnesses and collect any physical evidence.
- At the conclusion of the investigation, investigators submit their findings to the school. The school then sets a time and date for a hearing and appoints one or more decision-makers to oversee the proceedings.
- The hearing provides you the opportunity to make your full case. You may present arguments, submit evidence, and call witnesses to testify. You may also raise questions for any witnesses testifying against you. Of course, the other side in the case—whether that's an individual Complainant or the school itself—presents their case as well.
- Once both sides have made their cases, decision-makers then determine whether or not you are Responsible for (guilty of) the offense. In doing so, they use a legal standard known as “preponderance of the evidence.” Far less strict than “beyond a reasonable doubt,” this standard requires them to find you Responsible if they believe it is “more likely than not” that you committed a policy violation.
- The hearing outcome isn't necessarily the end of your case. You do have the right to appeal this outcome, but only on certain limited grounds. These include
- New evidence
- A procedural irregularity
- A conflict of interest on the part of OSCCR
- A disproportionate sanction
While this general outline holds in all dismissal cases at UTEP, you should know that there are minor but important differences in how different types of cases are investigated and adjudicated. For instance, in Title IX cases—and only Title IX cases—advisors must conduct witness examinations.
You can count on the attorneys at the Lento Law Firm to know all the rules and procedures at UTEP. They've worked with hundreds of students, just like you, representing them on all kinds of charges. They know your rights, and they know how to use those rights to protect you.
Academic Dismissal Cases
You may have noticed that there's been no mention to this point of academic dismissals. That's because these are treated significantly differently than misconduct dismissals. For one thing, there's no need to debate the evidence at a hearing. Your GPA is an objective fact and not normally subject to challenge. For another, the school doesn't simply dismiss students the first time they struggle. Dismissals only happen after a long process.
That said, there are still ways to fight academic dismissals, though in most cases, they are less formal. For example,
- Extenuating circumstances—a serious illness or a family emergency, for instance—could entitle you to more time to improve. If you feel you've experienced such circumstances, you should appeal to your school or college dean.
- Some UTEP faculty are open to the possibility of grade negotiation. At a minimum, you could try asking an instructor for extra credit or makeup work. An extra lab assignment or a paper rewrite might be enough to keep your GPA above the danger zone.
- Disabilities often entitle students to course accommodations. If you discover you have a disability, you may be able to retake courses with accommodations in place and try to earn better grades.
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 just what we can do to help. Or, use our automated online form.
