If you're in trouble at West Virginia University and someone has mentioned the possibility of dismissal, you simply must take the situation seriously. You can't just transfer your way out of a dismissal. Few schools are willing to take a chance on a student who's already been dismissed once. You may be facing the end of your academic career, and that can have serious implications for your entire future.
What does taking it seriously mean?
It means knowing the exact nature of the charges against you. It means learning all you can about WVU's judicial processes and procedures. Most importantly, it means getting the right sort of help to fight the charges. You always have a right to defend yourself, but taking on your university is no easy proposition. You don't want to try to do it all by yourself. You need someone on your side who understands educational law and who knows the WVU system. You need an attorney from the Lento Law Firm.
Reasons for Dismissal at West Virginia University
Let's start with the basics. Just what is it that can get you dismissed from West Virginia University? Knowing this can help you avoid trouble in the first place, but it's also crucial to help you prepare a proper defense.
- Academic Performance: The first thing that can get you dismissed is a low GPA. WVU's academic standing policy requires you to maintain a minimum 2.0. Fail to do that during any three semesters at the university (even non-consecutive semesters), and you can be asked to leave.
- Academic Misconduct: The second thing you need to worry about is academic integrity. Any conduct that might tend to give you an unfair advantage in completing your coursework is strictly prohibited. That means cheating. It also means plagiarism. Single violations can result in a lower course grade. Multiple violations can lead to more serious consequences, including dismissal.
- Disciplinary Misconduct: You are also held to high standards when it comes to your general campus behavior. The Campus Student Code contains over thirty-seven different rules, including bans on tampering with emergency safety equipment, making threats, and causing physical harm to another person. Even a first violation can result in dismissal if it is serious enough.
- Sexual Misconduct: Last but certainly not least, you're expected to follow WVU's Title IX Sexual Misconduct Policy. This bars all forms of sexual discrimination and harassment, including sexual assault, dating violence, stalking, and rape. Offenses are almost always punished with dismissal.
Misconduct Procedures
If your dismissal relates to some form of misconduct—academic, disciplinary, or sexual—you have several due process rights. The school must conduct an investigation, for instance, and you are entitled to defend yourself at a formal hearing. Here's how those processes typically work.
- A case begins when someone lodges a complaint against you. The university must then determine whether or not that complaint is credible and actionable.
- If WVU decides to pursue the complaint, it will issue you Notice of the Charges. This notice outlines the specifics of the allegation and describes all of your rights as the Respondent (accused).
- Among your rights, you are allowed to choose an advisor, someone to help you prepare your case and accompany you to meetings and proceedings. This advisor may be an attorney, which means someone from the Lento Law Firm can represent you from the very moment you are charged.
- The first phase of the case is an investigation. Investigators usually begin by interviewing both parties to the case. They then go on to collect any physical evidence and speak with any relevant witnesses.
- Investigators compile their findings into a written report. Once the university receives this report, it sets a date and time for a hearing and appoints one or more decision-makers to preside over this hearing.
- The hearing is an opportunity for both sides to make their cases. You may submit evidence, call witnesses, and raise questions of witnesses against you.
- At the conclusion of the hearing, decision-makers use a legal standard known as “preponderance of the evidence” to determine whether or not you are Responsible for (guilty of) an offense. According to this standard, you are responsible if decision-makers believe you “more likely than not” committed the violation.
- Finally, you have the right to appeal the hearing outcome to the Dean of Students. However, the Dean may only consider
- Whether jurisdiction was properly asserted
- Whether the proceedings were fair
- Whether or not the decision is reasonable
- Whether or not the sanctions are appropriate
Keep in mind that while this outline applies generally to all cases, specific procedures can vary depending on the exact nature of the charges. For instance, while advisors conduct cross-examination in sexual misconduct cases, decision-makers ask all questions in other types of cases.
No matter what the charges, though, you can count on the attorneys at the Lento Law Firm to have a complete grasp of procedures, to know your rights, and to help you use those rights to your very best advantage. Their goal is always to get you the very best possible resolution.
Academic Dismissal Cases
Academic dismissal cases work somewhat differently from misconduct dismissals. Ordinarily, there's no question as to the facts of the case. Either you have a 2.0, or you don't.
WVU does offer some procedures, though, for responding to these types of dismissals.
- You are allowed to register for Summer and Winter terms following a dismissal. If you can raise your GPA above the 2.0 mark during these terms, you can continue your studies without interruption.
- You can appeal directly to the Dean of Students if your academic deficiencies are the result of extenuating circumstances, such as a hospital stay or a family emergency.
- You can also appeal to the Dean if you can demonstrate that your work has been improving and you can reach a 2.0 by the end of the next semester.
Just as the attorneys at the Lento Law Firm are well-versed in WVU's judicial procedures, they also understand how the academic standing policy operates. Whether you're looking to make use of one of WVU's formal options for appealing your dismissal or you want to take a less formal approach like negotiating with a professor for a higher grade, they can help you come up with a plan and work with you to put that 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. 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.
The Lento Law Firm was built to help students just like you handle all types of misconduct charges. The firm's Student Defense Team has 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 the Lento Law Firm can do for you, contact the firm today at 888-535-3686 or use our automated online form.
