In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Colleges and universities take everything seriously these days, sometimes too seriously. As a student, you're subject to dozens of rules, you're monitored pretty much 24/7, and even small missteps can result in serious consequences, sometimes even dismissal.
How do you protect yourself?
- You start by finding out everything you can about your university's rules. What is it that can get you dismissed from WKU, and how do you avoid making mistakes?
- Of course, you can never be certain when, despite your best efforts, trouble may come looking for you. So, it's also a good idea to learn how the administrative and judicial procedures at WKU operate so you'll know the process for defending yourself.
- Finally, you want to make sure you know how to get help. It's no easy task to take on a university. You need someone in your corner who knows the WKU system and who has experience representing students. You need someone from the Lento Law Firm.
The Lento Law Firm's Student Defense Team was founded to help students get the rights they deserve. We've defended hundreds of students from all types of charges. The moment you find yourself in trouble, don't wait. Call 888-535-3686 to find out what we can do for you. Or, take a few minutes right now and fill out our online form.
Reasons for Dismissal from Western Kentucky University
As we mentioned, WKU has dozens of different rules and policies you're expected to follow. However, there are really only four categories of rules you need to worry about.
- Poor Academic Performance: First and foremost, you need to keep to keep your grade point up. Western Kentucky maintains what's known as an “academic standing” policy. According to that policy, you need a cumulative GPA of 2.0 in order to remain in “good” standing. Anything below that number, and you're placed on academic probation. Continue to struggle while on probation, and you can also be dismissed.
- Academic Misconduct: Like any other college or university, WKU expects you to earn your degree honestly. Cheating, plagiarism, and any other conduct that might give you an unfair advantage in the classroom are all expressly prohibited under the university's academic misconduct policy. First offenses are typically punished with in-class sanctions, like lowered grades. Multiple offenses, though, can earn you dismissal.
- Disciplinary Misconduct: Outside the classroom, your behavior is subject to WKU's Student Code of Conduct. The Code addresses issues like underage drinking, weapons possession, and hazing. Any violation can result in dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: This is among the most serious types of offense any student can be accused of committing. In fact, sexual misconduct is prohibited by Title IX, a federal law. That law requires universities to investigate all credible allegations and issue harsh sanctions to those found Responsible for (guilty of) offenses.
Misconduct Procedures
Knowing the rules at Western Kentucky is a good starting point. If you're going to protect yourself from dismissal, though, you also need to know how the procedures at the university work. How do you go about defending yourself?
- Cases usually begin with an allegation made against you to either the Office of Student Conduct or, in the case of Title IX sexual misconduct, the university's Title IX Coordinator.
- If the university decides to open an investigation against you, it will provide you with a Notice of the Charges. This Notice should include enough information about the allegations to begin building your defense. It should also include a list of your due process rights.
- Investigators typically begin by offering you a chance to provide a statement in response to the charges. This is your opportunity to give your side of the story. If there is a Complainant (an alleged “victim”), investigators speak to them as well and to any other pertinent witnesses. In addition, they collect any physical evidence in the case.
- At the conclusion of the investigation, the designated investigators submit a written report of their findings. This serves as the foundation of the university's case at the hearing.
- Depending on the charges, one or more decision-makers preside over the hearing.
- At the hearing, you may explain your side of the case and offer evidence, including any witness testimony you may have documented. A WKU hearing is more like a conversation than a criminal trial. Witnesses aren't allowed at the hearing, for example, and you have no opportunity to cross-examine any witnesses against you.
- You do have the right to bring a third party with you to the hearing. Your Lento Law Firm attorney cannot speak for you, but they can be on hand to offer advice throughout the proceedings.
- At the conclusion of the trial, decision-makers deliberate as to your level of Responsibility (guilt). In doing so, they employ a legal standard known as “preponderance of the evidence.” If they believe you “more likely than not” committed an offense, they are required to find you Responsible.
- Finally, you have the right to appeal the hearing outcome, but only under certain conditions. Appeals are heard to
- Determine whether or not an error may have occurred in the procedures
- To determine whether the decision was based on “substantial evidence”
- To determine whether or not the sanction is appropriate
While this general outline applies to all misconduct cases at WKU, investigation and hearing procedures can differ depending on the nature of the charges. For example, you are allowed to appeal any outcome in a Title IX sexual misconduct case. You also have the right to cross-examine your accuser in those cases as well.
No matter what the allegations against you are, you can be sure that the attorneys at the Lento Law Firm can help you navigate the system. And while they cannot “represent” you at the hearing, they can help you with all aspects of preparing your case, from organizing your evidence to practicing to responding to questions. Most importantly, their job is to make sure WKU doesn't violate your rights and that you get the best possible resolution to your case.
Academic Dismissal Cases
If you're facing an academic dismissal, the process and procedures will be considerably different. There's no need for an investigation or a hearing in these cases. Instead, decisions are based almost exclusively on your GPA.
WKU does offer an appeals process for students with extenuating circumstances that may have led to their deficiencies. If, for example, you were dealing with a family crisis during the semester when your grades fell, you can ask for additional time on probation rather than suspension. The attorneys at the Lento Law Firm are familiar with the appeals process and can help you gather evidence and draft the appeal.
However, we know a number of other, less formal, strategies for avoiding academic dismissals as well.
- If you consistently struggle to pass courses, we can help you get tested for a learning disability. If you have such a disability, we can also make sure WKU gives you appropriate course accommodations, like extra time to complete assignments. Finally, we can petition the university to allow you to retake courses and replace low grades.
- You always have the right to appeal grades at WKU. If you feel your instructor is treating you unfairly, you should report that to your instructor's department head to begin laying the groundwork for your appeal.
- Makeup and extra credit work can be a quick way to raise your grade in a class and thus improve your GPA. You may need to ask your instructor for these opportunities, though.
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.
