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.
Think dismissal can't happen to you? Think again. The University of Toledo dismisses dozens of students each year. It's not just about keeping your grades up, though that is, of course, essential to success. You can find yourself expelled for underage drinking, sexual assault, and even plagiarism.
How do you keep yourself out of trouble?
- You start by knowing the rules at UT. Just what is it that can get you dismissed, and how do you avoid making mistakes?
- You find out everything you can about the administrative and judicial systems at UT operate. If you should find yourself in trouble, how do you go about defending yourself?
- Maybe, most important of all, you figure out how to get help. If you're facing dismissal, your school is no longer on your side. You need someone who is.
The Lento Law Firm's Student Defense Team was created to protect student rights, to make sure you're treated fairly by your university and that you have a chance to graduate even if you've made a mistake or two along the way. We know the law, we know the UT system, and we're dedicated to your success. To find out what we can do for you, call 888-535-3686 today or take a few minutes right now and fill out our online form.
Reasons for Dismissal from the University of Toledo
As we mentioned, there are actually multiple reasons why the University of Toledo might decide to dismiss you. In fact, the secret of mastering the rules at UT isn't so much memorizing all of them as it is learning the basic categories into which they all fit. Know these, and you can be pretty sure of avoiding most trouble that comes your way.
- Poor Academic Performance: First up, you need to keep your GPA up. UT won't dismiss you the moment you fail a course, but if your GPA falls below 2.0, you can be placed on academic warning status. Continue to struggle while on academic warning, and you can also wind up dismissed entirely.
- Academic Misconduct: You're also expected to earn your grades honestly. Even a hint of academic misconduct—one example of cheating or one instance of plagiarism—can earn you a course sanction such as a lower grade. If you should be found Responsible for (guilty of) multiple infractions, you'll likely face dismissal.
- Disciplinary Misconduct: Outside the classroom, your behavior is governed by the university's Student Code of Conduct. That policy concerns infractions like trespassing, weapons possession, hazing, and disorderly conduct. Any infraction can lead to dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: Sexually-based offenses almost always lead to dismissal. Sexual misconduct is actually governed by federal law under Title IX. Colleges and universities are required to investigate all credible complaints, and they're encouraged to utilize stiff penalties, even for minor violations.
Misconduct Procedures
It's never a good feeling to find yourself accused of misconduct. The good news, though, is that you have some important rights in these cases. The University of Toledo can't dismiss you without conducting a thorough investigation and allowing you to defend yourself at a full hearing.
- Before you can be charged with misconduct, someone must file a formal complaint against you with either the Office of Student Conduct and Community Standards or the Title IX Coordinator.
- Any time you are under investigation, UT must provide you with a written Notice of the Charges. This notice should provide you with enough details about the allegations to begin preparing your defense. It should also include a complete list of your due process rights, such as the right to a presumption of “Not Responsible” (innocent) and the right to review all evidence in the case.
- Among your rights, you are allowed to have both a procedural advisor and a support person help you through the process. You can select a Lento Law Firm attorney as your advisor, and they can be on hand to offer advice during all meetings and proceedings.
- The first phase of the case is an investigation. Investigators normally start by interviewing both parties separately. This is your first chance to give your side of the situation. As part of the investigative process, investigators also collect physical evidence and interview witnesses.
- Once the investigation is complete, investigators submit a summary of their findings back to the university. This summary becomes the foundation for the hearing that follows.
- The next phase of the case is a hearing. Hearings work a bit like court cases. Both sides have a chance to make claims, offer evidence, interview witnesses, and cross-examine witnesses against them.
- A university hearing is not a court case, though. One of the key differences has to do with how cases are decided. In criminal court cases, the standard of guilt is “beyond a reasonable doubt.” In UT hearings, the standard is “preponderance of the evidence.” This standard requires decision-makers to find you Responsible (guilty) if they are more than fifty percent convinced of your guilt.
- The verdict isn't necessarily the end of your case. You also have the right to file an appeal. However, you must have "grounds" for appeal. UT limits the possibility of the discovery of new evidence or an allegation of procedural error.
This rough outline applies to all misconduct cases. However, cases can differ depending on the precise nature of the charges. In particular, Title IX sexual misconduct cases are subject to federal procedures, and these grant both sides more rights than you're provided in simple misconduct cases. For instance, both sides have the right to cross-examine one another in a Title IX case. In addition, your advisors must conduct all cross-examination on your behalf.
The attorneys at the Lento Law Firm are well-versed in all of the University of Toledo's judicial procedures and in Title IX guidelines. As a result, we can guide you through the process no matter what charges you're facing. We know what to expect, and we have the experience to know how to use the system to your best advantage.
Academic Dismissal Cases
To this point, we haven't talked about academic dismissal cases. That's because they work very differently from misconduct dismissal cases. There's no need for an investigation. Your GPA determines whether or not you face dismissal. Likewise, there's no need for a hearing. Your GPA is either high enough, or it isn't.
Luckily, though, the attorneys at the Lento Law Firm know some useful strategies for dealing with these kinds of dismissals as well. There's almost always a way to challenge a dismissal. For example,
- If you can demonstrate that your academic deficiencies are the result of extenuating circumstances, such as a death in the family or a personal emergency, you can petition the dean of your school or college for a delay in applying your sanction.
- If you should discover you have a learning disability, you can request the university set aside your low grades and allow you to retake those courses with proper accommodations in place.
- You are always entitled to fair treatment in the classroom. If you feel an instructor is mistreating you, you should report that to the instructor's department head or, failing that, the dean of your college. You may be able to get some form of grade relief.
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.
