A university disciplinary misconduct case isn’t the same as a criminal investigation and trial. There are some similarities between the two, though. One of these is the right to appeal a “responsible” (guilty) outcome.

And whether you’re facing a judge or an “appeals officer,” an appeal is never a simple matter. Oh, the steps in the process are relatively straightforward. Wrapping your brain around the purpose of your appeal can be tricky, though, and if you don’t get it right, your chance of salvaging your academic career is over before you even begin.

Trust the LLF National Law Firm to help you with all aspects of the process. Our Student Defense Team is familiar with all University of West Georgia processes and procedures, including what’s involved in filing an appeal. We also have the experience of having helped hundreds of students just like you protect themselves from all types of disciplinary misconduct charges.

However, the window for filing your appeal once you’ve received notification of the outcome of your hearing is narrow. UWG gives you just five business days to file. Don’t wait. Call the LLF National Law Firm today at 888-535-3686 to find out what we can do for your case, or use our online questionnaire to tell us more about your situation.

Filing Your Appeal

Again, there’s not a lot involved in actually filing your appeal, at least once you’ve written it.

  • There’s actually an online appeals form. Once you fill this out and once you click “Submit,” this form makes its way to the Vice President for Student Affairs, who serves as the university’s chief appeals officer.
  • At this point, the Vice President reviews your form and any documents you have provided. There are no hearings. This review takes place behind closed doors.
  • The Vice President is supposed to issue their decision within “a reasonable time period.” They may affirm the original decision, modify the sanction, or remand the case for a new hearing.
  • You can also appeal the Vice President’s decision to the university’s president, following the same basic procedures.

Writing Your Appeal

The difficult aspect of an appeal is knowing what to say. Obviously, you need an argument as to why you deserve a new hearing or a reduced sanction, and you need evidence to support that argument. However, you cannot simply go on arguing that you are innocent for the simple reason that you’re not. You were found “responsible for” (guilty of) an offense, and an appeal cannot change that fact, at least not on its own.

Appeals aren’t about guilt or innocence; they are about whether the process that determined your guilt was fair. In that context, you have just three options.

  • The process itself was unfair. This might be because a decision-maker had an obvious bias against you. Or something simpler happened: maybe you weren’t given sufficient time to prepare your case. You deserve a new hearing under fair circumstances.
  • The decision wasn’t based on the evidence. Only a “preponderance of the evidence” is enough to result in a “responsible” outcome. If the evidence doesn’t meet that standard, you should not have been found responsible.
  • You didn’t have all the facts when you originally presented your defense. That is, some new piece of evidence has come to light. You deserve the opportunity to present this evidence.

You can also argue that the sanction imposed in your case is disproportionate to the nature of your offense. In such instances, you’re accepting responsibility, so there is no need for a new hearing. However, a reduced sanction can be crucial, especially if you’re facing suspension or dismissal.

In addition to shifting your argument, you’ll also need to shift your approach to evidence. You didn’t actually need evidence at your hearing. You were presumed innocent, and so the burden fell on the university to prove your guilt. Now, however, you’re the one making the allegation: that the university mistreated you in some way. You’re the one who has to come up with a preponderance of evidence if you want to earn a new hearing.

Put simply, an appeal is always a more difficult proposition than an investigation and hearing. Note that “difficult” does not mean “impossible,” though. In fact, your odds of earning a new hearing are actually pretty good. All you need is to uncover one mistake, and as it happens, universities make a lot of mistakes when it comes to judicial procedure. They’re just not set up for it. Faculty, students, and administrators run the show, and they receive only minimal training in how to conduct investigations and hearings. The truth is that it would be unusual if no one had committed a mistake in your case.

If they did, you can be sure the LLF National Law Firm will uncover it. We know what to look for. We can also help you draft your appeal. And through it all, we’ll hold the university accountable for respecting all of your due process rights.

The Office of General Counsel

In fact, even if you lose your appeal, you can count on the LLF National Law Firm to keep fighting on your behalf. While an appeal is the last step in the disciplinary misconduct process, there are ways to continue the fight outside of this process. 

Every school maintains an Office of General Counsel. The OGC is made up of attorneys whose primary function is to provide the university with legal advice. If an OGC recommends the school negotiate, you can be sure that the school will negotiate, and that’s almost always going to lead to a better outcome.

The LLF National Law Firm has solid relationships with OGC around the country, and we don’t mind contacting an OGC if it could help a client. This is yet another service we offer that other firms simply can’t match.

Trust the LLF National Law Firm With Your Case

Whether you’re entirely innocent or simply looking to get fair treatment from the University of West Georgia, you owe it to yourself to continue the fight. The LLF National Law Firm’s Student Defense Team is here and ready to help. We’ll guide you through the entire appeals process, make sure your case is airtight, and guarantee the college 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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