Congratulations on enrolling at the University of Wisconsin, Madison. College can be one of the best experiences of your life. It won't be the easiest four years, though. You'll face rigorous faculty teaching difficult courses. And, beyond the classroom, UW will hold you accountable for the highest standards of personal and professional behavior, even when you aren't on campus. The fact is, not everyone makes it to the finish line. Each and every semester, the school dismisses dozens of students for all sorts of reasons.
If you happen to be one of those students facing dismissal, you should know now that defending yourself will not be easy. You're used to the school being on your side, but it won't be in this case. You'll face the full weight of the institution. Who can you get to be on your side?
National Student Defense Attorney-Advisor Joseph D. Lento is here to help. In what follows, you'll learn all the reasons UW might try to dismiss you, as well as the procedures for defending yourself. You'll also learn, though, just what Joseph D. Lento and his Education Law Team can do to make sure you're treated fairly and that you get the justice you deserve. Taking on your school is a difficult proposition. Make sure you have the right help to do it.
Reasons for Dismissal at the University of Wisconsin, Madison
Listing all the reasons UW might try to dismiss you would take pages. Luckily, most of these reasons can be grouped into four simple categories.
- Academic Performance: Your job as a student is to learn, and every school and college at the University of Wisconsin, Madison maintains a strict academic standing policy to ensure that you do. Most, like the College of Letters and Science, expect you to maintain a minimum 2.0 cumulative GPA and additionally to earn at least a 2.0 each term. Failure to do that can result in probation, suspension, and, ultimately, dismissal.
- Academic Misconduct: As you might expect, the University of Wisconsin doesn't just demand you do well in your courses but that you do so honestly. All forms of misconduct at the school, including academic misconduct, are governed by state law, which includes prohibitions against things like cheating, plagiarism, and unauthorized collaboration. Repeated and serious offenses are frequently punished with expulsion.
- Non-academic Misconduct: You're also held to high standards outside the classroom. In fact, the list of prohibitions is even longer in this case, including hazing, property damage, and misuse of computer resources. You can also be held accountable for violating local, state, or federal laws, even if you do so off-campus. Here again, serious offenses often lead to dismissal.
- Sexual Misconduct: Sexual misconduct qualifies as non-academic misconduct, but usually, it is treated as its own separate type of violation. This is because offenses aren't just subject to university policy but to federal law. Title IX bans sexual discrimination and harassment and includes specific guidelines for how schools should handle allegations. In addition, the punishment in such cases is almost always a dismissal
Misconduct Procedures
Whatever type of dismissal you may be facing, there are always ways to defend yourself. Let's start by talking about how the University of Wisconsin handles misconduct cases. For the most part, policies and procedures are the same no matter what specific charge you may be facing.
- Accusations are initially handled by a designated investigator. Investigations include interviews with both sides, the gathering of any physical evidence, and the completion of a summary report.
- In dismissal cases, you are further entitled to defend yourself at a hearing. At this hearing, you may present evidence, call witnesses, and cross-examine any witnesses against you. Of course, the Complainant may do the same.
- You are entitled under Wisconsin law to be accompanied by an advisor, and this advisor may be an attorney.
- Decision makers use a legal standard known as “preponderance of the evidence” to determine whether or not you committed an offense. This standard requires they find you Responsible (guilty) if they believe it is more than 50 percent likely that you violated policy.
- You have the right to appeal the hearing outcome, but you must file within 14 days of notification of that outcome.
This general outline applies to all cases, but there are some important subtle differences in how different charges are handled, particularly when it comes to sexual misconduct cases.
- Sexual misconduct cases are specifically under the purview of the school's Title IX Coordinator, who appoints a Title IX Investigator, Title IX Hearing Officer, and Title IX Appeal Officer.
- Investigative reports in sexual misconduct cases should be unbiased, and both sides of the case have the right to review it and suggest revisions before the hearing.
- In sexual misconduct cases, advisors must conduct all cross-examination.
- Grounds for appeal in academic and disciplinary misconduct cases are limited to a finding not supported by the evidence, errors in procedure, and a decision based on factors proscribed by state or federal law. Appeals in sexual misconduct cases can also be filed for new evidence or bias on the part of a Title IX official.
Academic Dismissal Cases
You may have noticed that there's been no mention of academic performance dismissals to this point. That's because these are typically a matter of objective fact—GPA—and not subject to challenge.
However, there are still some options for dealing with these types of dismissals. The most obvious of these is an “immediate appeal.” You can file these in June, after the spring semester, and a successful appeal will allow you to continue in the fall. However, these appeals require you to submit a clear explanation of what caused your academic deficiencies and a plan for how you will improve going forward.
In addition, there are a number of less formal means of dealing with an impending academic dismissal, such as negotiating directly with your instructors for a higher grade.
If you should ultimately be dismissed, you can also petition for readmission at the end of one academic year.
Fighting for Your Future
By this point, you should have a clear sense of why you need the help of an attorney-advisor 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.
Joseph D. Lento built his practice helping students just like you handle all types of misconduct charges. He and his Education Law Team have 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 Joseph D. Lento can do for you, contact the Lento Law Firm today at 888-555-3686 or use our automated online form.
