College is tough these days. Don't believe us? Check out how many students Utah State dismisses every year. It turns out you can be dismissed for dozens of different reasons, everything from letting your GPA fall too low to cheating on an exam to stalking a fellow classmate.
The thing is, not everyone who finds themselves accused of such offenses is actually guilty. And, even if you are guilty of committing some policy violation, schools can be too harsh in assigning sanctions. Often they wind up dismissing students when a lesser sanction would have been far more appropriate.
Who protects you from false accusations? Who makes sure your rights are always protected and that you're given a fair sanction? The Lento Law Firm Student Defense Team. The attorneys at the Lento Law firm have represented hundreds of clients, just like you, from every conceivable type of charge. They know the law as it applies to universities; they know how Utah State operates. Most important of all, they're committed to the proposition that all students deserve fair treatment and the right to earn an education. If you're in trouble at Utah State, if someone has mentioned the possibility of dismissal to you, you owe it to yourself to find out what the Lento Law Firm Team can do for you.
Reasons for Dismissal from Utah State University
There are dozens of reasons Utah State might try to dismiss you. For the most part, though, they can be put into four basic categories. Learn about all four, and you'll have a much easier time keeping yourself out of trouble.
- Academic Deficiencies: First, you can wind up dismissed for failing to meet Academic Standing requirements. To remain in good standing, you must maintain at least a 2.0 cumulative GPA. If yours should fall below that point, USU will place you on Probation. Continue to struggle while on Probation, and you could be Dismissed.
- Academic Misconduct: As you might expect, cheating, plagiarism, and any other type of academic misconduct are expressly forbidden at Utah State. A single mistake probably won't get you Dismissed. Multiple offenses can, though.
- Disciplinary Misconduct: Beyond the classroom walls, you're subject to campus rules and procedures. The Student Code of Conduct prohibits activities like trespassing, theft, and disorderly conduct. You can be dismissed for any violation. Some offenses, though, like hazing, weapons possession, and drug use, almost always result in dismissal.
- Sexual Misconduct: This is another type of offense that is almost always punished with dismissal. Sexual misconduct is among the most serious accusations any college student can face. It's also governed by federal law under Title IX, which means universities can be dogged in investigation allegations.
Defending Yourself from Misconduct Charges
The first thing you need to know if you've been charged with some form of misconduct at Utah State is that you have the right to defend yourself. The next thing you need to know is that you should never try to take on your school all by yourself. Investigations and hearings can be complex affairs, and you need someone at your side who is familiar with the school's judicial procedures. Here's a little of what you can expect.
- Cases typically begin when someone makes an accusation or Complaint to either the Office of Student Conduct or the school's Title IX Coordinator.
- Throughout the process, you have a number of important due process rights. For example, you have the right to be presumed “Not Responsible” (innocent) until proven “Responsible” (guilty). You have the right to review all the evidence in the case and to advance notification of all proceedings. Among the most important of these rights, you are allowed to choose an advisor to help you with your case, and this advisor can be an attorney.
- Investigators usually begin by interviewing both parties separately. In addition, they collect physical evidence and speak with potential witnesses.
- Ultimately, investigators are tasked with creating a written document summarizing the case. Once they submit this document, the school then sets a time and date for a formal hearing and appoints one or more decision-makers to preside over that hearing.
- A university hearing is your chance to make your case in full. You may offer up arguments, submit evidence, and call witnesses. You also have the right to cross-examine any witnesses against you. Of course, the Complainant has these same rights.
- At USU, decision-makers employ a legal standard known as “preponderance of the evidence” in determining whether or not you are Responsible. According to this standard, they must find you Responsible if they are more than fifty percent convinced you committed an offense.
- You can appeal the hearing outcome should you lose, but only under certain conditions. These include
- The discovery of new evidence
- An allegation of procedural error
- A decision not based on fact
- A disproportionate sanction
Part of what makes campus judicial cases so difficult to defend is that procedures can differ in small but significant ways depending on the nature of the allegation. All misconduct cases follow this basic outline, but, for example, sexual misconduct cases give both sides the right to cross-examine one another. Other kinds of cases do not.
No matter what charge you're facing, though, you can count on the attorneys at the Lento Law Firm to help guide you through the process. They know how USU's judicial system works, and they have experience representing hundreds of student clients.
Academic Dismissals
If USU is trying to dismiss you for a low GPA, the process works quite differently. Unfortunately, the school doesn't offer any formal process for contesting such a dismissal decision. That is, the Utah State doesn't conduct an investigation, and you have no right to a hearing. All decisions are based strictly on the fact of your GPA.
That doesn't mean you must simply accept an academic dismissal. The Student Defense Team at the Lento Law Firm know many strategies for protecting you.
- If, for example, you should discover you have a previously undiagnosed learning disability, you may be able to set aside low grades and retake those courses with accommodations in place.
- If you can point to extenuating circumstances as the cause of your deficiencies, you can try petitioning your school or college dean for more time to improve.
- You can also ask your instructors directly for makeup or extra credit assignments. A few extra points could be all you need to raise your grade and, ultimately, your GPA.
Fighting for Your Future
By this point, you probably 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 likely be against you.
You need someone watching over your shoulder, making certain you're treated fairly and that you get the justice you deserve.
The Lento Law Firm Student Defense Team was built on helping students just like you handle all types of misconduct charges. We know how to negotiate with faculty and administrators; we know how to interview witnesses; we know how to put together water-tight appeals. To find out more about exactly what the Lento Law Firm can do for you, contact us today at 888-535-3686, or use our automated online form.
