There are all sorts of reasons why students don’t consult attorneys before their disciplinary misconduct investigations. Sometimes, schools convince them that they don’t need an attorney. Maybe they think investigations and hearings are straightforward matters they can handle on their own. Maybe they assume sanctions will be minor. Maybe they’re worried that talking to an attorney will mean involving their parents.

You’re here now, though. You lost your hearing, and you’re facing a serious sanction—suspension or dismissal. The steps to an appeal aren’t all that complicated, but successful appeals require a complete change in strategy. You don’t want to attempt one on your own.

You don’t have to. The LLF National Law Firm’s Student Defense Team can work with you on every aspect of your appeal. We know University of Colorado-Denver policies and procedures, and we’ve helped hundreds of students defend themselves. We know what makes for a compelling argument and what counts as the strongest evidence. Most importantly, we’re always on your side, no matter what the situation.

It’s important you act quickly, though. UCD gives you just five days to file your appeal with the Dean of Students. That’s not a lot of time, and there’s a lot to do. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.

Appeals at UCD

First things first: you cannot move forward without a clear understanding of the appeals process at UCD. We mentioned that you need to change your thinking. What does that mean?

  • You’ve been found responsible for (guilty of) an offense. There’s no getting around that. Even if you’re innocent, you must accept the situation. You cannot continue to argue for your innocence. If you file an appeal explaining why the original decision-maker in your case got things wrong, the Appeal Reader won’t even bother reading through your materials.
  • You must shift your argument to issues of fairness. The goal of an appeal is to demonstrate that you were in some way denied a fair chance to defend yourself. Generally, there are only three possibilities:
    • The university made some sort of procedural error significant enough to have interfered with the outcome.
    • You were unable to present some important piece of evidence because it hadn’t yet been uncovered.
    • The university has imposed a sanction that is clearly disproportionate to the nature of your offense.
  • The “burden” of the case has shifted, and you’re now at a disadvantage. UCD was required to presume you “innocent” (“not responsible”) during the investigation and hearing. It needed a “preponderance of evidence” to overcome that presumption. This time around, you’re accusing the university. That means UCD has the presumption of not being responsible, and you bear the burden of overcoming that presumption.
  • As the name implies, the Appeal Reader won’t conduct any type of hearing or conference. You won’t have an opportunity to address them directly or make your case in person. Everything about your appeal must be contained in a written document.
  • Again, you should not offer evidence of your innocence. All of your “proof” should come from the record of your hearing unless some new evidence has been uncovered. Even in that case, you present that evidence not as proof of your innocence but as proof that you were denied a fair chance to make your case.
  • The Appeal Reader has fifteen days to respond to your appeal. It’s important you note, that they can not overturn the original hearing outcome, no matter what the situation. They can affirm that outcome, meaning your case is over. They can reduce the terms of your sanction. Or, they can order a new hearing.

Your LLF National Law Firm attorney’s most important job during this process is to help you reorient your thinking and restructure your case. In addition, they’ll go over the entire case record and identify any potential grounds for appeal. They’ll draft the appeal itself, ensuring your arguments are compelling and your evidence is clear. And, of course, they’ll monitor everything that happens to make sure you’re treated fairly every step of the way.

What’s at Stake

An appeal is never option A. You always want to win your case at the hearing if you can. Nevertheless, an appeal is one of your due process rights, and you should never be shy about exercising it.

Keep in mind that suspension and dismissal can be devastating, not just to your academic career but to your future professional career. Dismissal, of course, means leaving UCD, and it’s unlikely you’ll find another school to accept you with a misconduct finding on your transcript. That means joining the workforce without a college degree.

Suspension is somewhat better. You can return to UCD and complete your degree. That can be a tough prospect, though. Once you’ve been away from school, it’s hard to get back into the routine of attending classes every day. Plus, you may have lost your financial aid as a result of your offense.

You shouldn’t just fight out of necessity, though. You should also fight because you can win. Appeals are meant to correct mistakes in the disciplinary system, and universities make lots of mistakes all the time. All too often, faculty and students allow their prejudices to dictate their decisions. They disallow evidence that should be allowed and allow evidence that should be disallowed. When they make mistakes, you have the right to call them on it.

The Office of General Counsel

There is one last option open to you should you lose your appeal. However, it’s an option only the LLF National Law Firm can offer. Because we work so closely with colleges and universities, we’ve developed relationships with a number of OGCs around the country.

The OGC or the Offices of General Counsel are attorneys who provide schools with legal advice. As you might expect, OGC has enormous influence on school administrators and their decisions. We can sometimes use these relationships to conduct negotiations outside the disciplinary system. We have sometimes managed to convince administrators to reduce sanctions. We have gotten disciplinary notations removed from transcripts. We’ve even managed to get charges dismissed entirely.

What Can We Do For You?

Whether you’re entirely innocent or simply looking to get fair treatment from the University of Colorado-Denver, 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 the university 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.

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