You probably feel mixed emotions if you have received notification from the Broward College Dean of Students that you face sanctions in your disciplinary action case. It is normal to feel scared, overwhelmed, angry, and even shocked by the outcome of the disciplinary action against you. Maybe you thought the allegations against you weren't serious or that you were guilty, so it wasn't worth fighting. You may not have realized that hiring a student defense attorney at the Lento Law Firm was necessary or even an option.
Just because you have received notice of sanctions against you does not mean the fight is over. Contact the Lento Law Firm today to learn if your disciplinary action case qualifies for an appeal. Assumptions and doing it all on your own haven't gotten you out of trouble yet, but our Student Defense Team has helped countless students get better outcomes on appeal. Our attorneys are seasoned in the appeals process and will tell you if you have a case and, if so, immediately begin defending your appeal. Contact our Student Defense Team today at 888-535-3686 or use our online form.
Appeals Process
Every school has its own unique process for appealing disciplinary actions, and Broward College is no exception. When you retain the Lento Law Firm, one of our Student Defense Team attorneys will walk you through the process in detail, but below is a brief overview of the process.
Filing an Appeal
Broward College makes the appeals window short, likely hoping you are too overwhelmed to meet the appeal deadline. Once you receive notification of the sanctions, you only have five business days to file your appeal after you receive the notification of sanctions from the Dean of Students. If you have no time to wait, contact the Lento Law Firm immediately. Even if it is day five, contact our Student Defense Team immediately so we can try to make sure you don't miss the appeal window.
The Lento Law Firm attorney will file the appeal with either the College Ombudsperson or the Vice Provost of Student Services (Broward College allows both of these officials to accept appeals). Generally, sanctions are effective the moment you receive the notification of the sanctions letter, but when you appeal, the College Ombudsperson or the Vice Provost has the authority to decide if they will be enforced immediately or pending the outcome of the appeal.
Appeal Consideration
When you appeal your case, the College Ombudsperson or Vice Provost won't review your full case as was done during the investigation. The scope of your appeal hearing is limited to investigating and answering the question, "Did the accused student receive a fair hearing in accordance with established Broward College policies and procedures?"
Oftentimes, the College Ombudsperson or Vice Provost will only take into consideration your written appeal and new evidence to determine if that was the grounds for your appeal. It is up to their discretion if they want to meet with you, witnesses, or any other parties. Because they rely so heavily and completely on your written appeal for the decision, having an attorney represent you and draft the appeal is crucial. The Lento Law Firm Student Defense Team is well-versed in all the arguments, defenses, and strategies that need to be deployed for a successful appeal. Fighting this battle alone hasn't gotten you the results you hoped this far; it's time to bring in the big guns.
Appeal Determination
While the disciplinary action process against you might have been slow, fortunately, the appeals process goes by quickly. The College Ombudsperson or Vice Provost will make a decision on your appeal and notify you within 10 days of the filing. All decisions are final.
There are three different determinations they can make. The first is deciding that there are no grounds to consider the appeal and that the sanctions will remain as is. Second, the College Ombudsperson or Vice Provost may refer the matter back to the Dean of Students, requiring them to review a specific issue and set a deadline for reconsideration. Lastly, they may alter the originally ordered sanctions. In most cases where sanctions are altered, they are reduced, but in rare situations, they may impose stricter sanctions.
Grounds for Appeal
There are three scenarios where appeals are appropriate in Broward College student disciplinary actions.
Scenario 1
Because the College Ombudsperson or Vice Provost only addresses whether you received a fair hearing during your original disciplinary action process, your grounds for appeal will often be that school officials didn't follow Broward College's own policies and procedures in your case. Whether you're guilty or this whole event is a misunderstanding turned nightmare, Broward College is obligated to follow its disciplinary action procedures to the tee, and that includes preserving your rights every step of the way.
If at any point Broward College officials strayed from the rules or overstepped the boundaries on your rights, resulting in a substantial procedural error, you could have grounds for appeal. Don't make any assumptions about what is considered a substantial procedural error; the Lento Law Firm attorney will closely review your case and let you know if you are eligible for appeal. What seems like a minor error to you may be something our Student Defense Team has previously successfully appealed.
Scenario 2
Another situation where you have the right to appeal the disciplinary action the Broward College Dean of Students has taken against you is when new substantive evidence is available in your case. If new evidence comes to light between your hearing and the present time, you are entitled to have that evidence presented in your defense if failing to do so would be "fundamentally unfair." If the Lento Law Firm attorney thinks the new evidence is strong, they will make the case on your behalf that it would be "fundamentally unfair" for the evidence not to be considered. The College Ombudsperson or Vice Provost might push back, but the Lento Law Firm attorney will advocate that it would violate your rights to have this new evidence pushed aside.
Scenario 3
Unfortunately, everyone has biases, even if they don't realize it. As part of your Broward College orientation, you probably took an implicit bias training talking about these exact biases. It is always possible that these biases or some other situation lead to the Dean of Students issuing a "fundamentally unfair or inappropriate" finding. If you're unsure if the sanctions against you fall under this category, contact the Lento Law Firm. Our attorneys will tell you what schools consider “fundamentally unfair or inappropriate” in the numerous student defense cases we have taken on.
Retain the Lento Law Firm Today
Don't miss your opportunity to appeal and get your academic career and future back on track. Let the Lento Law Firm fight for a better outcome in your case. Retain the Lento Law Firm Student Defense Team today by calling 888-535-3686 or contacting us online.
