Going through the disciplinary action process at Brigham Young University (BYU) is stressful. It probably felt like no one at BYU was on your side or giving you the benefit of the doubt. You know you were right now that you have received the notice of sanctions. If you're facing probation, suspension, or expulsion, you have a lot to lose. Your entire academic career is on the line. But just because you have received a determination of sanctions doesn't mean your case is closed – you may be eligible for an appeal.
At the Lento Law Firm, we help students who have received disciplinary sanctions appeal their cases. When you meet with our Student Defense Team, we will tell you if you are eligible for appeal. We will do everything in our power to get you a better outcome on appeal and get your life back on track. Call our Student Defense Team today at 888-535-3686 or contact us using our online form.
Disciplinary Appeals Process
The BYU appeals process is referred to as an administrative review. After you receive BYU's decision, you only have five business days to file an appeal. We know you are feeling overwhelmed and upset, but you don't have time to waste—you need to call the Lento Law Firm immediately. The more time we have to prepare your appeal, the better the outcome may be.
What Sanctions Can I Appeal?
You can only file an appeal at BYU if you have been given severe sanctions. Even if you are given minimal sanctions (counsel and education, referral, or warning), but you are completely innocent, you won't be able to continue to fight your innocence. The sanctions being taken against you must be one of the following:
- Probation
- Suspension Withheld
- Suspension
- Dismissal
Grounds for Appeal
Appeals aren't quite a re-do of your case. They work differently than the disciplinary process you have been through up until now. For your appeal to be heard, you must prove you have grounds for appeal. At BYU, there are four grounds upon which you can appeal your case:
- The facts in the Record do not reasonably support the decision
- BYU failed to follow applicable procedures, and because of that, the student was not given adequate notice of the alleged violations or did not have a meaningful opportunity to respond
- The disciplinary action imposed is inappropriate for the violation of the Honor Code
- The investigation or decision exhibited prejudice or bias that affected the outcome
Even if you don't think you meet the above eligibility criteria, contact the Lento Law Firm today. Our Student Defense Team handles college disciplinary action appeals every day; something you are missing may make you eligible for appeal. Your Lento Law Firm attorney will tell you if your case qualifies for appeal and, if so, guide you through the process.
The Review Process
If you are appealing a probation sanction, the associate dean of students will conduct your administrative review. For appeals of all other sanctions, the dean of students will review your case.
When you submit your appeal, the Dean of Students will contact you to schedule a review meeting. You are allowed to bring two people with you to the review for emotional support. Unfortunately, BYU does not allow students to bring their attorneys to the review meeting. That doesn't mean you're going in alone or that you don't need an attorney. Your Lento Law Firm attorney drafts your appeal and extensively prepares you for the review meeting. We ensure you won't be caught off guard by any questions BYU officials ask during the meeting. We also ensure that you know your rights going into the meeting.
Our Student Defense Team will train you to effectively argue your case before the associate dean or dean of students. Remember, you have the burden of showing BYU made a mistake in issuing you sanctions; that is no mall task. Your Lento Law Firm attorney is well-versed in making these arguments and will make sure you're ready to present a strong argument.
What if There is New Information in My Case?
If there is new relevant information in your case and neither party objects to its introduction in the review meeting, it will be admitted. If either party objects, your case will be remanded to the Honor Code Office for review. The Honor Code Office may change its decision based on that information. If the sanctions remain the same or are in a category that allows for review, you may still be able to appeal.
Determinations
The associate dean or dean of students will review your case and make one of the following determinations:
- Affirm the original decision
- Modify the sanctions
- Refer the matter back to the Honor Code Office for a second review
All appeal determinations are final.
Changes to Brigham Young's Disciplinary Action Process
As you may know, beginning in 2019, BYU made some significant changes to its disciplinary action process. Before 2019, BYU's disciplinary action policy was ambiguous; school officials were issuing punishment, and the students accused of misconduct didn't have much of an opportunity to defend themselves. The new policy involved adopting an "innocent until proven guilty policy," increasing transparency in the process and giving students a right to appeal the findings against them.
Just because BYU officially made these changes doesn't mean it always follows its own rules. If you suspect BYU has violated your rights during the disciplinary action process, you need the Lento Law Firm. Our Student Defense Team will hear your side of the story. If BYU wasn't following the proper procedure, we hold them accountable and have your case heard on appeal.
Retain the Lento Law Firm Student Defense Team Today
When you're facing serious punishment from BYU, you need backup from the Lento Law Firm. Let our Student Defense Team join you in battle. Call us today at 888-535-3686 or contact us online.
