We all make mistakes—even bright, hard-working college students. A mistake, or even two or three, shouldn't cost you your spot at Wilmington University (WilmU). Or maybe you didn't make a mistake at all. Maybe you're a victim of a misunderstanding or a false allegation. It happens.
The Lento Law Firm is here to help you no matter what your particular situation. Our Student Defense Team is always on your side, always ready to protect your rights. We know the law, and we know how WilmU's administrative and judicial systems work.
What can we do to help you? Call 888-535-3686 right now to find out, or take a few minutes right now and fill out one of our online forms.
Reasons for Dismissal from Wilmington University
Defending yourself from the threat of dismissal starts with knowing the specific charges against you. You cannot respond to those charges unless you full understand them.
At WilmU, there are four categories of offense that can lead to dismissal
- Academic Deficiencies: First, you can be dismissed simply for failing to keep your grades up. Don't worry, you won't be expelled the first time you struggle in a class or wind up with an F. There's a process in place. When your GPA falls below 2.0, you are placed on probation. If you can't bring it up, that's when dismissal becomes a possibility.
- Academic Misconduct: You also want to make sure you're earning your degree honestly. To make sure you're doing that, WilmU maintains an Academic Integrity policy. This policy outlaws traditional sorts of violations, like plagiarism and cheating. It also prohibits more high-tech cheating, though, such as the use of AI to complete your coursework. First violations are usually punished with in-class sanctions like lowered grades. Additional violations, though, are frequently punished with dismissal.
- Disciplinary Misconduct: Misconduct outside of class can get you into just as much trouble as academic misconduct, if not more. The WilmU Code of Conduct addresses behaviors such as disorderly conduct, theft, and hazing. In this case, any violation can result in dismissal, even a first offense, if it is serious enough.
- Sexual Misconduct: These offenses are almost always punished with dismissal. Sexual misconduct isn't just a violation of school policy. It is counter to Title IX, a federal law, and schools are essentially required to investigate all credible accusations.
Misconduct Defenses
The threat of dismissal is always a serious matter, but you have important due process rights at WilmU that can help protect you.
You're allowed to defend yourself, for instance, from any type of misconduct charge, and you can't be dismissed unless the university can prove you committed an offense.
- If you've been charged with an offense, it means someone lodged a credible complaint against you with either the Office of Student Affairs or, in the case of Title IX allegations, the university's Title IX Coordinator.
- You should also have received Notice of the Charges. This notice must identify your accuser and provide details of the allegations against you.
- Notice of the Charges should also include a list of your due process rights. The university must treat you as "Not Responsible" (innocent), for instance, until you are proven "Responsible" (guilty). You have a right to review evidence against you and to a hearing outcome determined by unbiased decision-makers.
- Once you are charged, the university instigates an investigation. You have the right to give your side of the story. In addition, you can expect investigators to interview witnesses and collect any physical evidence, just as in an actual criminal case.
- Investigators submit a written report of their findings. This becomes evidence in the hearing that follows.
- At the hearing, you present your case before one or more decision-makers. You may introduce evidence and call witnesses. You may also raise questions for any witnesses testifying against you.
- Decision-makers decide your case using a legal standard known as “preponderance of the evidence.” Unlike “beyond a reasonable doubt,” this standard requires they find you Responsible if they feel you “more likely than not” did commit the offense.
- Even if you should be found Responsible, you have the option to appeal that outcome. However, you must establish suitable grounds for an appeal. At WilmU, grounds are restricted to
- Whether or not you received a fair hearing
- Whether or not the outcome was based on clear evidence
- Whether or not the sanction is appropriate
- The discovery of new evidence
WilmU doesn't allow you to bring an attorney with you to most hearings. The exception is Title IX sexual misconduct cases, where the government mandates you can appoint an attorney to advise you.
You need to know, though, that the university cannot deny you the right to consult an attorney in any case, and your Lento Law Firm lawyer can do far more than simply accompany you to meetings and hearings. They'll help you develop your defense strategy, work with you to collect evidence, come up with questions for witnesses, draft documents, and even coach you in delivering your presentation. They'll also keep a close eye on the process and make sure you're being treated fairly. They can do all of this without ever stepping one foot on campus.
Academic Dismissals
The academic dismissal process works quite differently from the misconduct dismissal process. The thing is, there's no need for an investigation or a hearing. Either your GPA is above 2.0, or it isn't. Either you have improved while on academic probation, or you haven't.
Your Lento Law Firm attorney can help you defend yourself against this type of dismissal as well, though. For example,
- Your attorney can help you file a petition with your college dean if you've been dealing with extenuating circumstances. A serious illness or a family emergency shouldn't cause you to lose your spot at WilmU.
- Another frequent problem we see is undiagnosed learning disabilities. If you struggle in most of your classes, you could have ADD, ADHD, or some other condition that necessitates course accommodations. Your attorney can make sure you get properly tested, and if you do have such a condition, make sure WilmU drops low grades from your GPA.
- You deserve fair treatment in the classroom. If at any point you feel an instructor is mistreating you, your attorney can help you file a grievance and make sure your grade reflects the quality of your work.
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.
