Can Colleges and Universities Dismiss Students for Not Meeting Professional Standards?

For students pursuing degrees in fields like nursing, teaching, law, or medicine, meeting professional standards is a critical part of their academic journey. Colleges and universities often have specific requirements regarding behavior, performance, and ethics in professional programs, and failure to meet these standards can sometimes result in dismissal. But what exactly does this mean, and can a student be dismissed without legal recourse?

While each situation is unique, understanding the underlying arguments and legal framework is essential for both students and parents facing this challenging issue.

Understanding Professional Standards in Higher Education

Most professional programs require students to adhere not only to academic standards but also to the ethical and behavioral expectations of their chosen profession. These standards are often defined by:

• Accreditation bodies specific to each profession (e.g., nursing or medical boards).

• College policies and handbooks, which detail the expectations for students in a particular program.

• Professional codes of conduct, often set by licensing or regulatory bodies that govern the profession students are training for.

Failing to meet these standards could involve poor academic performance, unprofessional behavior, unethical conduct, or even incidents that occur outside the classroom, such as legal troubles or social media activity that conflicts with the profession’s ethics.

Arguments for Dismissal

1. Professional Integrity:
   Colleges argue that they are preparing students for fields where public trust and integrity are essential. For example, nursing and medical programs may argue that if a student shows consistent unprofessional behavior or fails to demonstrate the required competencies, they pose a risk to patients' safety in the future. Institutions may claim that dismissing such students protects the integrity of the profession.

2. Accreditation and Licensing Requirements:
   Professional programs often have strict accreditation guidelines they must follow to maintain their status. These guidelines typically include competency requirements and ethical standards. If a student is deemed not to meet these, the program may argue that they have no choice but to dismiss the student to stay in compliance with these external bodies.

3. Liability Concerns:
   Colleges and universities may dismiss students out of concern for liability. If a student is not meeting professional standards and continues in the program, the institution may worry about future claims of negligence or malpractice if that student were to act improperly in their field.

Arguments Against Dismissal

1. Lack of Fair Process:
   Students facing dismissal from a professional program have the right to fair treatment, including due process. Some may argue that they were dismissed without proper notice or a clear explanation of the standards they supposedly failed to meet. In such cases, a student can challenge the dismissal on the grounds that the university did not follow its own procedures.

2. Subjective Judgments:
   Sometimes the decision to dismiss a student for not meeting professional standards may involve subjective assessments of a student’s performance or behavior. If the dismissal appears to be based on personal biases, inconsistent enforcement of standards, or unclear criteria, students may argue that the dismissal is unfair and seek to have it overturned.

3. Disability or Mental Health Considerations:
   For students with disabilities or mental health challenges, failure to meet professional standards could be linked to a condition covered under the Americans with Disabilities Act (ADA). If the college or university failed to provide reasonable accommodations or did not consider a student’s disability in the decision-making process, dismissal could be legally challenged.

4. Remediation and Support:
   Some students may argue that the school did not offer adequate support, such as counseling, academic assistance, or a remediation plan to address the areas where they were falling short. Dismissing a student without giving them a chance to improve or without offering constructive feedback can be seen as an unjust action.

Legal Considerations

The legal framework around dismissals for not meeting professional standards is complex and often depends on various factors, including:

• Institutional Policies:
  Each college or university has its own set of rules, typically laid out in student handbooks or program guides, that govern academic and professional standards. These policies are often legally binding and can form the basis for a legal dispute if the student believes they were not properly followed.

• Contractual Rights:
  Enrollment in a professional program often creates a contractual relationship between the student and the institution. If the institution fails to follow its own procedures or dismisses a student without valid reasons, the student may have grounds to argue breach of contract.

• State Laws:
  Laws governing higher education can vary by state, particularly when it comes to due process rights for students. Public institutions are often subject to more stringent legal requirements than private ones, as public universities must follow constitutional due process standards when disciplining students.

• Discrimination Claims:
  If the dismissal is linked to race, gender, disability, or other protected characteristics, a student may have a legal claim under civil rights laws such as Title IX or the ADA.

What Should Students Do?

If you or your child has been dismissed from a professional program for failing to meet standards, it’s important to take the following steps:

1. Review Policies and Handbooks:
   Start by carefully reading the college’s policies on professional standards and dismissal procedures. This will help you understand whether the school followed the proper steps.

2. Seek Legal Counsel:
   Consulting with an education lawyer is often the best course of action in these situations. An experienced attorney can help you assess whether the dismissal was fair and legal, and guide you through any appeals or legal challenges.

3. Document Everything:
   Keep records of all communication with the school, including emails, disciplinary notices, and any meetings related to the dismissal. This documentation can be critical if you decide to challenge the decision.

4. Consider Appeals:
   Many institutions have a formal appeals process for dismissals. If you believe the decision was unjust, you can present your case to an appeals board or other university officials. Having legal representation can improve your chances of a successful appeal.

EducationLawyers.com

While colleges and universities can dismiss students for not meeting professional standards, the legality of such a decision depends on many factors, including the institution’s policies, state laws, and whether the student’s rights were protected. If you are facing a dismissal, consulting with an education lawyer can help you understand your options and determine the best course of action.