If you're in trouble at Utah State University – Regional Campuses and Distance Education, and someone has mentioned the possibility of dismissal, you need to take the situation seriously. Dismissal is permanent, and it includes a transcript notation that can keep you from enrolling at other colleges and universities.
What does it mean to take the situation seriously? It means you can't handle the situation all on your own. You need the very best help you can get. You need someone from the Lento Law Firm. Our Student Defense Team is committed to protecting your rights and ensuring you get the very best possible resolution to your case. We're always on your side, and we'll use every resource at our disposal to keep your future bright.
First, though, you have to contact us. Call 888-535-3686, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Utah State University – Regional Campuses and Distance Education
Part of the problem of avoiding dismissal at Utah State University – Regional Campuses and Distance Education is that there are so many rules and regulations. In fact, there are too many to list here. However, almost all of them can be grouped into four basic categories.
- Academic Deficiencies: You can be dismissed simply for failing to keep your GPA up. According to the university's academic standing policy, you need a 2.0 cumulative GPA to remain in "good" standing. Fall out of good standing, and you wind up on probation. Continue to struggle while on probation, and the next stop is dismissal.
- Academic Misconduct: The university also expects you to earn your degree honestly. Academic misconduct, including cheating and plagiarism, is explicitly prohibited under the Academic Integrity policy. First offenses can result in failed courses. Additional offenses can result in dismissal.
- Disciplinary Misconduct: You're not just a student; you're also a member of a campus community and subject to community rules and regulations. Collectively, these are referred to as the Student Code of Conduct. Even first offenses can lead to dismissal if they are serious enough.
- Sexual Misconduct: These offenses almost always garner dismissal. The university's sexual misconduct policy is mandated by the federal Title IX statute, and all allegations are taken seriously.
Misconduct Defenses
The threat of dismissal is ultimately just that—a threat. Yes, plenty of students do wind up dismissed from their colleges and universities every year, but your school can't simply accuse you and dismiss you. You have rights. Under Utah State University – Regional Campuses and Distance Education policy, you're entitled to due process. That starts with a presumption of “not responsible” (innocence). The university needs evidence to find you responsible, and it must give you the opportunity to challenge that evidence at a formal hearing.
- Cases typically begin with a complaint lodged against you with either the Vice President for Student Affairs or, in the case of Title IX sexual misconduct, the Title IX Coordinator.
- You'll receive official notice of the charges. This notice must explain the allegations and describe your due process rights.
- The Lento Law Firm attorney can't speak for you during meetings and hearings, but they can help you answer questions and present your case.
- The university then conducts an investigation into the complaint. As part of this investigation, you have the right to give your side of the story, to submit any physical evidence you may have, and to suggest witnesses for investigators to interview.
- When the investigation is complete, investigators submit a full report of their findings. You are entitled to review this report. At this point, the university then sets a time and date for a hearing.
- Hearings take place before one or more trained decision-makers. Both sides make arguments, present evidence, and call witnesses to testify. You may also raise questions about evidence used against you, including witness testimony.
- Decisions-makers then employ a legal standard known as “preponderance of the evidence.” If they believe it is “more likely than not” that you committed an offense, they are required to find you responsible (guilty).
- You can appeal a negative hearing outcome, but only if you have sufficient grounds. Generally, these include issues like a procedural error, the discovery of new evidence, or a disproportionate sanction.
This outline applies to all misconduct cases. However, cases can differ depending on the nature of the charges. If you've been charged with a Title IX offense, for example, both sides get the chance to cross-examine one another. That can dramatically change the dynamics of your defense.
Luckily, the Lento Law Firm attorneys are fully versed in all Utah State University – Regional Campuses and Distance Education judicial procedures. We can prepare you for every element of the investigation and hearing and show you how to use procedures to your benefit.
Dealing With Academic Dismissal
What do you do if you're facing an academic dismissal? There are no investigations in these cases and no hearings. Dismissals are based almost exclusively on your GPA. That means you may have to take an unconventional approach to protecting yourself. The Lento Law Firm attorney knows several strategies that can help. For example,
- The university's academic standing policy doesn't include a provision for appeals. However, you can file an informal petition with the dean of your college. Extenuating circumstances, like a long-term illness or a family emergency, may be grounds for more time to improve.
- You always have the right to fair treatment in the classroom. If you feel an instructor is treating you unfairly, you should report this to the instructor's department head. At a minimum, this will lay the foundation for you to file a formal grade appeal.
- You always have the option of asking instructors for extra credit and makeup assignments. They can, of course, say no, but usually enough will say yes to keep your GPA where it needs to be.
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.
