Many students walk away once they’re found responsible for a disciplinary misconduct offense and are sanctioned with suspension or dismissal. It makes sense. You’ve endured a difficult investigation and hearing. Worse still, you lost your case. If you’re innocent, that’s particularly galling.
Don’t do it. You have the right to appeal the hearing outcome. Take advantage of that right.
We can help. The LLF National Law Firm’s Student Defense Team was founded to protect student rights, and we’ve worked with hundreds of students on all types of cases. We know all Missouri State policies and procedures, including how to file appeals. Most importantly, we’re on your side no matter what your situation. We’ll use every resource at our disposal to make sure you’re treated fairly and get the best possible resolution to your case.
It’s important you act quickly, though. Missouri State-Springfield allows you just five days from the end of your hearing to file your appeal. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Navigating the Appeals Process
There are far fewer rules and regulations involved in filing an appeal at Missouri State than there were going through the investigation, conduct meeting, and hearing. In fact, the steps are all pretty straightforward.
- First, of course, you write the appeal itself. More on that below.
- You submit your appeal through the Office of Student Conduct’s website.
- The Dean of Students either reviews the appeal themselves or assigns it to a designee, unless the sanction is dismissal. In that case, the President of the university becomes the Appellate Authority.
- Once the Appellate Authority has reviewed the case, they issue a decision. This decision is final.
Once you’ve written the appeal, your job is mostly just waiting. Let’s talk about the substance of your appeal next.
Drafting Your Appeal
An appeal isn’t necessarily a long or complicated document. It sets out the basis for your appeal and provides evidence to support your points. The real trick is in reorienting your thinking about your case. You’re used to arguing for your innocence. That’s a pretty straightforward sort of argument: “I didn’t do it. Here’s proof that I didn’t do it.
The thing is, you’ve been found guilty of (responsible for) an offense. An appeal is not a chance to reargue your innocence and reargue it even stronger than before. An appeal serves a different function. It’s a check on the system, a last chance to ensure you were treated fairly.
So, all your arguments have to be about fairness. Not the fairness of the outcome. Obviously, you feel that outcome was unfair. No, in this case, “fairness” has to do with whether you were allowed a reasonable opportunity to present your defense. That narrows the possibilities pretty dramatically. In fact, there are only two.
- Some error occurred in the process itself that interfered with your defense. Maybe the hearing committee ignored a crucial piece of evidence or refused to allow a witness to testify. This mistake affected the outcome of the case.
- Some new piece of evidence has arisen since the end of the hearing. That piece of evidence could have altered the outcome of the case, and you should have the chance to present it.
You face additional limitations you didn’t have before. For example, where the original decision in your case may have been made by a full panel of decision-makers, a single administrator now has complete control of your fate. You won’t have an opportunity to address this official. There are no hearings in appeals cases, no chance to make your plea directly or explain your perspective.
Perhaps the most significant change in your case, though, has to do with the “burden” of the case. As the respondent (the accused), you were entitled to a presumption of innocence. To prove otherwise, the university had to come up with a preponderance of evidence. You now have that burden. You’ve accused the university, and it’s your job to provide enough evidence to overcome the university’s preponderance of evidence.
Finally, you should know that it’s highly unusual for an appeal to result in an overturned verdict. Appellate Authorities don’t generally like to second-guess the hearing panel. They can, of course, affirm the original hearing outcome. Alternatively, they can order a new hearing, which means starting your case all over again.
Keep in mind, though, that you’re not alone this time around, and you won’t be alone if you wind up mounting a new defense. The LLF National Law Firm is on your side, and we’ll work with you on every aspect of your case. We’ll go over the record of your case with a fine-tooth comb, for instance. We’ll find grounds for your appeal, and we’ll draft a document that is compelling and well-supported with evidence. We’ll make sure the university respects your due process rights. If you get the chance, we’ll walk you through every aspect of a new hearing.
Direct Negotiations
An Appellate Authority’s decision is final. Ordinarily. You have the LLF National Law Firm on your side, though, and we’ll keep fighting until the last possible avenue of relief has been exhausted.
In fact, there is one more way to challenge a responsible verdict. Direct negotiation with the Missouri State administration. We’ve been at this a long time, and we know all the strategies for getting you this opportunity.
Every college and university maintains an Office of General Counsel. These are attorneys who are specifically hired to provide the school with legal advice. Their opinions carry enormous weight on campus.
Over the years, we’ve developed strong relationships with a number of OGC around the country. Even where we don’t know an individual’s school’s OGC, we know how to talk to these officials, and we can be persuasive in convincing them to reconsider a client’s case. In the past, we have managed to get sanctions reduced, transcripts expunged, and cases entirely dismissed. Only we have the background and experience to negotiate these kinds of settlements, though. It’s yet another reason why you’re always better off trusting your case to the LLF National Law Firm.
What Can We Do For You?
Whether you’re entirely innocent or simply looking to get fair treatment from Missouri State University-Springfield, 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.