If you’ve been found “responsible” for a misconduct offense at Indiana State, it may feel like a death sentence. In some ways, it kind of is. Dismissal, of course, means the end of your career at ISU. And you probably won’t be able to transfer your way out of the situation. Most schools won’t accept someone with a record of misconduct. And even if you’re only facing suspension, while you can return to the university and finish your degree, you’ll likely have to do so without any financial aid. Serious offenses usually mean the end of grants and scholarships.
You’re not beaten just yet, though. You still have the option of filing an appeal, and that can change everything.
You need to know, though, that an appeal can be complicated, and you’re definitely at a disadvantage at this point in your case. You no longer have the presumption of innocence on your side, for example, and you won’t have an opportunity to make your case in person.
In short, you need help—the best help you can find. The LLF National Law Firm’s Student Defense Team was founded to protect student rights, and no one does that better. We know how ISU operates, including what’s involved in filing an appeal. Plus, we have the experience of having helped hundreds of students protect themselves.
We’re always on your side and ready to help, but it’s important you act quickly. UW-Whitewater gives you just five business days to file your appeal, and that’s not a lot of time to prepare your arguments and evidence. 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.
The Filing Process
Let’s start with a brief overview of the filing process. From this perspective, an appeal seems relatively straightforward.
- Obviously, you first have to write the appeal. Easier said than done. There is an “appeal sheet” to help guide your responses, but an appeal requires a complete shift in your thinking. We’ll get into that more below.
- You submit your appeal to the Dean of Students, who serves as the appellate officer. Remember that you must do this within five business days from receiving your hearing outcome letter.
- There are no hearings in appeals cases. The appellate officer considers the content of your appeal and the record of the original hearing and renders their decision. They must issue their final decision within ten days.
Simple enough, right? Except for that whole “writing” bit. Let’s look at that in more detail.
Drafting Your Appeal
It probably seems obvious to you—maybe painfully obvious—but you’ve been found “responsible for” (guilty of) a misconduct offense at Indiana State. That changes everything. Your case is still alive, but maybe not in the way you would assume.
First, you cannot go on arguing that you’re innocent. As things currently stand, you’re not. Present the same arguments and the same evidence you presented at your hearing, and your appeal is doomed before it begins.
So, then, what’s the point? Appeals are about whether the system worked properly. Were you given a reasonable chance to present your defense? In that context, ISU allows just two possible arguments.
- You can argue that the university violated your due process rights in some way. Maybe it committed some procedural error, like failing to provide you with advanced notice of your hearing date. As a result, you deserve a new hearing under fair conditions.
- You can also argue that new evidence has come to light since the end of the hearing that warrants a new hearing. Keep in mind that this evidence must have some significant bearing on the outcome of your case.
Second, the nature of the evidence in the case has shifted, too. You didn’t actually need evidence at your hearing. You were presumed innocent, and it was the university’s burden to overcome that presumption. All you had to do was challenge the evidence against you. This time around, the situation is reversed. The university is presumed to have gotten things right in your case, and it’s your responsibility to prove, through a “preponderance of evidence,” that it didn’t.
But to the extent that you did offer evidence at your hearing, it was evidence of your “innocence.” Remember, an appeal isn’t about guilt or innocence. Evidence of your innocence is beside the point. Even if you’ve uncovered new materials in your case, you’re not using those materials to prove innocence but rather to justify a new chance to present your case at a new hearing.
Pretty daunting, right? Yes, but also completely doable. For all your disadvantages at this point, all you need to do is uncover one mistake on the university’s part to succeed. Remember, university disciplinary systems aren’t run by attorneys and judges. They’re run by faculty, administrators, and other students. That’s a recipe for lots of mistakes.
Keep in mind as well that you’re not taking on this challenge alone. You have the LLF National Law Firm on your side, and this isn’t our first go-round. We know exactly what to expect. We know what makes for the best arguments in appeals, and we can work with you to come up with the strongest possible evidence.
The Office of General Counsel
We are so committed to ensuring justice is done in your case that even if you should lose your appeal, we’ll keep fighting. There is one more option to try: you can ask the ISU administration to intervene in your case, outside the context of the disciplinary misconduct system.
How do you do that?
Every school has an Office of General Counsel. These are attorneys, kept on retainer, who provide the university with legal advice. As you might imagine, their opinions carry an enormous amount of weight with administrators. Because we work so extensively in the field of student defense, the LLF National Law Firm has developed relationships with OGC around the country. We don’t mind leveraging these relationships if it will benefit a client.
Of course, once we open negotiations, we can ask the ISU administration to reduce the terms of your sanction or throw out your case altogether. Only we can offer this service, though, because only we have these kinds of connections.
Trust the LLF National Law Firm With Your Case
Whether you’re entirely innocent or simply looking to get fair treatment from Indiana State University, 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.