We’re not sure why you didn’t retain an attorney when you were initially charged with an offense at ASU Tempe. Many of our clients tell us they thought it would be easy to defend themselves from university allegations and that campus justice would be simple and straightforward. Or, they thought, at worst, they’d receive a slap on the list—probation, maybe, or loss of privileges.
Luckily, you’re here now. The fact is, campus misconduct cases can be every bit as complex as criminal defenses, and you never want to take them on alone. You need someone to guide you through the process. You need someone looking out for your rights.
The LLF National Law Firm’s Student Defense Team was founded to protect students. We’re defense attorneys, but we’re specifically focused on representing student clients in university cases. We know what the law has to say about your rights. We also know ASU Tempe procedures and how to use them to your benefit. Most important of all, we’re on your side, no matter what. Whether you’re entirely innocent or you’re looking to make the best possible deal, we can help you put together an appeal that is clear and compelling.
You cannot afford to wait, 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 LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at Arizona State University, Tempe
An appeal, the document itself anyway, is relatively simple. There’s no need to prepare questions for witnesses, no need to organize evidence, and no need to set up PowerPoint slides. You write up your reasons why you deserve a new hearing and submit them to the Senior Vice President for Education Outreach and Student Services. That’s it.
Nothing’s ever that easy, though, right?
Coming up with arguments and writing them into a document is easier said than done. A lot has changed since you were first charged, and it’s important that you understand the position you’re in if you want to succeed with your appeal.
- You’re still stinging from the outcome of your hearing, so you may have trouble with this idea, but ASU Tempe affords you a number of due process rights. From the beginning of your case, you were treated as “Not Responsible” (innocent) up until the point when you were found “Responsible” based on a “preponderance of the evidence.” You probably put up some defense, but you didn’t have to. ASU Tempe bore the burden of proof. Now, the roles have reversed. You are presumed guilty, and you have the burden of proving that the decision was a mistake.
- “Mistake” in this case doesn’t mean the hearing panel got it wrong. An appeal is not a chance to re-argue your case. You’re trying to show that you were the victim of some procedural unfairness, that if things had gone as they should have, the panel would have found you innocent. There are actually only four possible “grounds” for an appeal at ASU Tempe:
- There were irregularities in the hearing that cost you an opportunity for a fair outcome. This might include procedural errors or bias on the part of a decision-maker.
- New evidence has arisen that, had it been available at the hearing, might have altered the outcome.
- The outcome is not justified by the weight of evidence or, in some other way, does not follow the law.
- The sanction the university has imposed is disproportionate to the offense.
- Because an appeal is merely a check on the system, there’s no need for a hearing. In fact, instead of an entire panel, your case will be decided by a single Appeals Officer.
- With no hearing, you’ll have no opportunity to make your case in person, to use your voice and your presence to influence decision-makers, to draw their attention to physical evidence, or to examine and cross-examine witnesses.
- The only evidence you’re allowed to present is the record of the original hearing. The exception is if you have uncovered some new evidence since the hearing, but even in these cases, the only value of this evidence is in suggesting the panel may have missed something.
- Finally, an appeal cannot end in a “Not Responsible” finding. The Appellate Officer can affirm the hearing decision, they can reduce the severity of your sanction, or they can order a new hearing. Those are the only options.
All of this suggests that an appeal can be an uphill climb, and that is true. You’re not alone this time, though. Your LLF National Law Firm attorney will go over every facet of your case to this point. They’ll review the hearing record, looking for potential grounds for an appeal. They’ll identify your strongest arguments, and they’ll draft an appeal that makes your arguments clearly and forcefully.
What’s at Stake
You already know you’re facing suspension or dismissal. Those outcomes are serious enough. You may not have realized that suspension and dismissal include transcript notations explaining your offense. That’s the real penalty.
If you’ve been dismissed, a transcript notation virtually guarantees you won’t find another school to accept you. Most colleges and universities are reticent to accept students with disciplinary misconduct records. A suspension is a somewhat better position. You have the option to return to ASU Tempe and finish your degree. Few students do, though. You carry the stigma of your offense now. You may have lost your financial aid. And once you’re out of school, it’s never easy coming back and going to class again. Finally, even if you manage to earn your diploma, you’ll still have to contend with that transcript notation at every job interview.
And while the ASU Tempe appeals process may seem daunting, that doesn’t mean you’ll lose your case. University judicial systems are notorious for the number of mistakes they make. It turns out that professors are great at teaching and research but are less qualified to dispense justice. It only takes one mistake to warrant a new hearing, and this time around, you won’t be going into that hearing alone. You’ll have a LLF National Law Firm attorney looking out for your best interests.
Fight For Your Future
Whether you’re entirely innocent or you’re simply looking to get fair treatment from ASU Tempe, 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 Tempe 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 LLF National Law Firm at 888-535-3686 or use our online form.