A university disciplinary misconduct case isn’t exactly the same as a criminal court case, but there are similarities. For instance, you have many of the same due process rights. You’re entitled to review all the evidence against you, to be judged by unbiased decision-makers, and, should you lose your case, to appeal the outcome.
Appeals can be tricky procedures, though. Most students misunderstand their purpose, and that puts them at a serious disadvantage right from the start.
Luckily, you don’t have to handle your appeal all by yourself. The LLF National Law Firm is always on your side and ready to defend you. We’re familiar with all University of Louisiana-Lafayette disciplinary processes, and we can show you how to use your rights to your best advantage. Plus, we have the experience of having helped hundreds of students just like you defend themselves from all types of charges.
It’s important you contact us quickly, though. You have just seven business days from the end of your hearing in which to file your appeal, 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.
Filing Your Appeal
Let’s talk first about the basic steps involved in filing an appeal at ULL. Those are relatively straightforward.
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Obviously, your first job is to write your appeal. There are no forms to fill out or conventions to follow. You simply create a document that explains your basic arguments and offers up evidence to support those arguments.
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You file your appeal with the Chair of the Discipline Appeals Committee and the university’s Ombudsman. Again, you must do this no later than seven days from receiving notification of your hearing outcome.
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The Chair determines if your appeal contains sufficient grounds. If it does, they refer the case for a formal hearing before the full Disciplinary Appeals Committee.
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Both sides have the right to attend this hearing, but the committee’s deliberations occur in private.
Simple, right? So what makes an appeal such a difficult prospect? Let’s go back to the writing bit and talk about that.
The Content of the Appeal
Most students have no real idea what an appeal is for. They assume it’s another chance to argue for their innocence or to present new evidence. An appeal is not a new hearing. It’s a very specific judicial procedure designed to serve as a check on the system. In fact, the question of innocence doesn’t come into it at all. Instead, an appeal asks, was the accused given a fair opportunity to defend themselves?
What all this means is that you can’t file an appeal that includes the same arguments you used in your hearing. In fact, if you try to argue for your innocence at this point, the Chair of the committee will simply affirm the original decision and dismiss your case. You need all-new arguments. There are three options.
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Some procedural error occurred that violated your due process rights. Maybe the decision-maker had an unfair bias against you. Maybe they refused to hear a significant piece of evidence.
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New evidence has come to light that, had you known about it, might have altered your defense strategy in some significant way.
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The punishment imposed on you is grossly disproportionate to the nature of your offense.
ULL is relatively unique in that the university holds a hearing in appeals cases. Keep in mind, however, that an appeals hearing isn’t like a normal case hearing. You can call witnesses to testify, for example, but in most cases, there’s no need. The evidence to back your points will be found in the record of the original hearing.
Note that you will need evidence this time around. Because you had the presumption of innocence, all you really had to do was raise questions about the evidence being used against you. Now, however, you’re the one who is making the complaint. As the accused, the university gets the presumption of innocence, and you need enough evidence to overcome this presumption.
The bottom line is that you’re at a disadvantage this time around. Once you’ve been found responsible for an offense, it can be hard to convince anyone otherwise. That doesn’t mean you should give up and walk away. The point of appeal is to correct any mistakes that may have occurred in your case, and the truth is that there’s every possibility that officials made some mistakes. You were tried by a seasoned prosecuting attorney. Your case wasn’t heard by a learned judge. Even one mistake entitles you to a brand-new hearing.
Keep in mind as well that you aren’t going through this process alone. The LLF National Law Firm has been doing this for years. We know what makes for a strong argument, and we know what counts as compelling evidence.
Negotiating Your Case
Ordinarily, the committee’s decision is final. However, this is one more alternative you can try: you can take your case directly to the ULL administration. Again, though, you’re going to need help.
Your first problem is convincing the ULL president or some other official to talk with you. Typically, they’re reticent to get involved in a disciplinary misconduct case, since doing so undermines the integrity of the system.
How can you overcome this reticence? It helps tremendously if you know someone in the administration who can advocate on your behalf. The LLF National Law Firm maintains relationships with OGC around the country. The OGC or Office of General Counsel consists of attorneys hired by the school to provide it with legal advice. An OGC isn’t going to make your arguments for you, but they are sometimes willing to convince an administrator to sit down with a student and work out an alternative solution.
In the past, we’ve convinced university presidents to reconsider sanctions. We’ve gotten offenses removed from our clients’ transcripts. We’ve even had cases overturned altogether. Only we can offer this service, though, because only we work so extensively in the field of student defense.
What Can the LLF National Law Firm Do for You?
Whether you’re entirely innocent or simply looking to get fair treatment from the University of Louisiana-Lafayette, 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 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.