Colleges and universities aren't really set up to dispense justice, especially in serious cases. Chemistry professors and English T.A.s are great at what they do—educating students—but when you put them in charge of deciding whether a student accused of assault is guilty, they are prone to mistakes. Lots of mistakes.
That's why the appeals process is so important on university campuses. It's there as a check on the system, and the system definitely needs some checks.
Like everything else about ASU Skysong's judicial process, though, appeals can be tricky. You don't want to try and take one on yourself. You need someone on your side who understands how judicial procedures work but who, in particular, has experience helping students deal with university charges. The average attorney isn't prepared for a campus defense. The attorneys who work as part of the Lento Law Firm's Student Defense Team are. They know the law as it applies to students. They also know ASU Skysong's rules and regulations, including what's involved in filing appeals. Whatever your situation, they can help.
You cannot afford to wait to contact them, though. From the moment you're notified of the hearing outcome, you have just fifteen days to file your appeal. That's not a lot of time to prepare your case. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at the University of Arizona, Skysong
To an outside observer, a university appeal may seem simple. You come up with "grounds" for your appeal—some reasons why you think your case deserves a review—you write it all up, and you submit it.
Here's the thing: your situation has changed dramatically since you were first charged with an offense. Your goals at this point are different, and your strategies must be different. An appeal requires no less than a radical shift in your thinking, and while the physical process may be straightforward, that shift is anything but.
- It may seem obvious, but the implications are profound—you are no longer innocent of the charges against you. Your original hearing found you Responsible (guilty). As a result, you no longer have many of the advantages you had in the beginning.
- One of the crucial effects of your Responsible finding is a shift in the playing field. ASU Skysong had to treat you as "Not Responsible" (innocent) until proven "Responsible" (guilty). That means the university had the burden of coming up with proof for its case. You probably presented some evidence of your innocence, but you didn't have to. They had to prove you were Responsible. Now, you bear the burden of proving the university made some sort of mistake. The presumption is that the university treated you fairly, and only compelling, concrete evidence can prove otherwise.
- The wrong outcome isn't a “mistake.” That is, just because you disagree with the Responsible finding isn't grounds for an appeal. In this case, you must be able to show you were treated unfairly in some way by the process. The range of arguments open to you has narrowed significantly.
- You can request a review of your case if you can show irregularities in the original proceedings significant enough to have cost you the chance at a fair hearing.
- You can request a review if some new evidence has arisen that wasn't available at the time of the original hearing.
- You can request a review if you believe the sanction the university has imposed is disproportionate to the nature of the offense.
- You can request a review if you don't believe the hearing outcome is supported by the evidence in the case.
- Your original hearing may have been heard by a panel of decision-makers, a Hearing Board. Only a majority decision could have led to a Responsible outcome. Now, your fate rests in the hands of a single individual—the university Provost.
- You will not have a chance to present your case in person. There are no hearings in appeals cases. Instead, your written appeal must present your entire case and explain any evidence you have to present.
- You are not arguing for your innocence, so evidence of your innocence is irrelevant except insofar as new evidence demonstrates you deserve another chance to present your full case. In general, your case will rest on whether or not you were treated fairly, and all your evidence must come from your original hearing.
- The Provost cannot overturn the hearing outcome. Their only options are to reaffirm that outcome, to modify your sanction, or to order a new hearing. In other words, you'll have more work to do even if your appeal is successful.
Here's what you can expect from the Lento Law Firm attorney during this process.
- They'll sit down with you and review your entire case.
- They'll look for new evidence if they think new evidence might exist.
- They'll go over the record of your original hearing, looking for any grounds for an appeal.
- They'll develop your strongest arguments.
- They'll draft your appeal.
- They'll submit your appeal.
What's at Stake
If you're paying attention, you'll already have realized that an appeal is no slam dunk. You face a number of challenges you didn't have when you were first charged. You wouldn't be the first student to wonder if maybe you should just give up and move on.
At this point, we should remind you, though, that students can and do win appeals. You weren't prosecuted by someone with a law degree. You didn't face a learned judge with years of experience on the bench. Your fate was determined by a handful of faculty and students. The appeals process exists for a reason, and you have every right to take full advantage of it.
More importantly, if you're facing a serious sanction, such as suspension or dismissal, there is no tomorrow. Dismissal means permanent separation from ASU SkySong. Obviously, you'll give up any progress you've made to this point. In addition, you won't be able simply to transfer to a new school and start over. Dismissal includes a transcript notation about your offense, and that will keep most other schools from accepting you.
Suspension isn't quite as extreme as dismissal. Still, it can be difficult to return from suspension. As a result of your offense, you may lose financial aid. In addition, once you're away from school for any length of time, it's always hard to get back into an academic groove. Plus, you'll also have a transcript notation, and you'll have to explain that on every job application from now on. In simple terms, you cannot afford to just walk away. You must fight for your future, and you must fight with everything you have.
You don't have to fight alone this time, though. The Lento Law Firm is on your side, no matter what. We'll protect your rights. We'll use every resource at our disposal to save your academic career. We'll make sure you get the best possible resolution to your case.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Arizona State Skysong, you owe it to yourself to continue the fight. We're here and ready to help. We'll guide you through the entire appeals process, make sure you put forward your very strongest arguments, and guarantee that ASU Skysong respects your rights.
As we said in the beginning, though, you cannot afford to wait. There are deadlines for filing your appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
