You've probably already figured this out, but for those of you who haven't: college is tough. Classes are demanding, and professors hold you to the highest standards. Even outside of class, you're under almost constant surveillance, your every move scrutinized. And, in today's political climate, schools issue harsh penalties even in the case of relatively minor offenses. It should come as no surprise, then, that the University of Hawaiʻi dismisses dozens of students every year.
What can you do to make sure you're not one of them?
Well, you can start by finding out everything you can about UH's rules and regulations. You especially want to know exactly what violations can get you dismissed and how to make sure you avoid committing those violations. Next, you want to figure out how your school's judicial processes work. You can't hope to defend yourself from an accusation if you don't know the procedures. Last, but maybe most important, you need to know how to get help when you need it. You can and should fight any attempt to dismiss you from college. That fight won't be easy, though, and you don't want to take it on by yourself.
Reasons for Dismissal at the University of Hawaiʻi at Mānoa
First things first: what exactly can get you dismissed at UH? It turns out that's a long list. Luckily, though, most offenses can be grouped into four basic categories.
- Academic Misconduct: You can be dismissed for a variety of different kinds of misconduct, as noted in the school's Student Conduct Code. First up is academic dishonesty. Anything you might do that could give you an unfair advantage in the classroom is expressly prohibited. That includes cheating and it includes plagiarism. Minor offenses can garner sanctions from makeup work to failure in the class. Major and repeat offenses, though, are frequently punished with expulsion.
- Disciplinary Misconduct: The Conduct Code also deals with your activities outside of the classroom. Violations here include things like theft, reckless destruction of property, and making threats. Any offense can get you expelled, but some—like physical assault, hazing, and drug possession—almost always lead to expulsion.
- Sexual Misconduct: Sexual misconduct is so serious that it is treated as its own separate form of misconduct. In fact, not only is it a violation of school policy, but under Title IX, it's also against federal law. Here again, violations almost always result in expulsion.
- Academic Performance: Finally, you can also be dismissed from UH, even if you haven't committed any offenses, simply for failing to meet academic standards. The school's academic standing policy requires you to maintain a minimum 2.0 cumulative grade point average. Failure to meet this number can result in probation, and continued failure can lead to dismissal.
Academic and Disciplinary Misconduct Procedures
Knowing the rules is an important first step, but if you want to successfully defend yourself from dismissal, you also need to know the judicial processes and procedures your school uses to handle misconduct allegations.
Academic misconduct is treated as a form of disciplinary misconduct when dismissal is a potential punishment. Here's a basic outline of the procedures in disciplinary misconduct cases.
- Cases begin with a complaint made by a Complainant to the school's Student Conduct Administrator.
- The Conduct Administrator then conducts a full investigation into the facts of the complaint. At a minimum, this involves separate interviews with both parties, the collection of any physical evidence, and the identification of any witnesses.
- Throughout the process, you have the right to an advisor, someone to help you prepare your case and to offer you advice during meetings and hearings. This advisor cannot be an attorney. However, you always have the right to consult with an attorney throughout your case.
- At the conclusion of the investigation, the Conduct Administrator determines whether or not you are “Responsible for” (guilty of) a violation. To do this, they use a legal standard known as “preponderance of the evidence.” According to this standard, they must find you Responsible if they believe it is “more likely than not” that you committed an offense.
- You can appeal the Conduct Administrator's decisions, but only under certain circumstances. Grounds for appeal are limited to new evidence, procedural error, or a decision that isn't based on the facts.
Sexual Misconduct Cases
Sexual misconduct cases are treated somewhat differently than disciplinary misconduct cases. This is because, under federal law (Title IX), the school must follow a prescribed set of guidelines in investigating and adjudicating allegations. Here are some of the key differences.
- Cases are handled by the school's designated Title IX Coordinator, who appoints specially trained investigators and decision-makers.
- Investigations are often longer than in ordinary misconduct cases. In fact, they can take up to 90 days to complete.
- As in other types of misconduct cases, you have the right to an advisor. However, in Title IX cases, that advisor can be an attorney.
- The Investigative Report is meant to be an unbiased summary of the facts, and both sides have the right to review this document and suggest revisions.
- The case doesn't end after the investigation. Instead, the Investigative Report serves as the foundation of a formal live hearing.
- At the hearing, both sides have the right to present evidence and call witnesses. In addition, you may—through your advisors—cross-examine one another and any witnesses against you.
- Decisions are based on the same standard as in disciplinary misconduct cases: preponderance of the evidence.
- You have the right to appeal the hearing outcome, but again, only under limited circumstances. In this case, grounds for appeal include new evidence, procedural error, or bias on the part of a Title IX official
Academic Dismissal Cases
Academic dismissals differ significantly from misconduct dismissals, largely because they are based on fact rather than conjecture. That is, your cumulative GPA is either above 2.0, or it isn't. That fact isn't ordinarily subject to debate. As a result, UH offers no formal means of challenging dismissal decisions.
That doesn't mean there aren't options for dealing with them. There are many ways, for instance, to forestall dismissal in such cases. If there are mitigating circumstances that led to your academic problems, you can appeal directly to your college dean for more time on probation. You can try negotiating with instructors for higher grades. And, should you be suspended or dismissed, the school does offer a process for gaining reinstatement.
Joseph D. Lento and his Education Law Team are well-versed in all of the possibilities. They can help you choose the approaches that are right for your particular situation and even help you put your plan into action.
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. Campus judicial 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. You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Joseph D. Lento Law Firm was built on helping students just like you handle all types of misconduct charges. Joseph D. Lento and his Education Law Team have dealt with every sort of charge. 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 and the Lento Law Firm Team can do for you, contact the Lento Law Firm today at 888-555-3686 or use our automated online form.
