Appeals are a crucial component of any disciplinary misconduct system. They help ensure schools treat accused students fairly, and they can, in some circumstances, lead to new hearings or reduced sanctions.

Most students don’t really understand the nature of appeals, though. They assume, incorrectly, that an appeal is a second chance to prove their innocence. That single mistake can cost you your shot at salvaging your academic and professional futures.

Before you go into any appeal, make sure you have the right help on your side. The LLF National Law Firm’s Student Defense Team was founded to protect student rights. We’re on your side, no matter what, and we’re familiar with all John Jay College of Criminal Justice procedures, including what’s involved in filing an appeal.

We can help, but it’s important you contact us quickly. You have just fifteen calendar days in which to file, and there’s a lot to be done. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.

The Filing Process

Filing an appeal at John Jay is a straightforward process. Once you’ve written it, you submit it to the college president. Of course, the other party in the case gets to respond. They have three days to do this. At this point, the president then has fifteen calendar days to issue a final decision in the case.

Simple, right? Yes. Except for the writing process, your main job is to wait. That writing part can be tricky, though. Let’s take a close look at it next.

The Content of Your Appeal

An appeal isn’t a hearing redo. It’s not a chance to complain about the outcome in your case. In fact, it has nothing to do with your guilt or innocence.

An appeal is a check on a judicial system. It’s a final chance for the system to consider whether or not procedures worked the way they were supposed to. In simple terms, were you given a fair opportunity to present your defense? No matter how compelling your arguments may be, if they’re about why you’re innocent and the Disciplinary Committee got things wrong, the president will reject your appeal without even reading it.

So if you’re not arguing your innocence, what are you arguing exactly? You have three options.

  • You can argue that someone involved with your case committed a procedural error, deliberately or otherwise. Maybe the Chief Conduct Officer failed to provide you with notice of your hearing. Maybe a Disciplinary Committee member reviewed improper evidence before the hearing began. Whatever the issue, you deserve a new hearing.

  • You can argue that you didn’t have all the facts in the case when you defended yourself at the hearing. Typically, this means some new evidence has come to light since the hearing that, had it been available at the time, might have altered the outcome. Again, you deserve another chance to present your case at a new hearing.

  • You can argue that the Committee imposed a sanction that is disproportionate to the nature of your offense. In this instance, you’re essentially admitting your responsibility for the offense, and you won’t get a new hearing. However, you could earn a reduced sanction, and if you’re facing suspension or dismissal, that could be a huge win.

Note that you’re also in the weaker position this time. When you’re accused of an offense, you have the right to a presumption of innocence. That’s the way all justice systems work in the U.S. Only concrete evidence can overcome that presumption and render you “guilty.”

But you don’t have the preponderance of innocence on your side anymore. You’ve been found guilty. Worse, you’re now the one who’s leveling a charge. You’re arguing that the college denied you a fair right to present your case. In that context, the college has the presumption of innocence, and you have the burden of coming up with the evidence.

The good news is you can do that. Being in a “weaker” position isn’t the same as being in an “impossible” position. Colleges and universities make mistakes all the time. It’s the nature of a bureaucracy. But they make an inordinate number of mistakes when it comes to dispensing justice. It turns out chemistry professors are great at teaching chemistry but not great at deciding disciplinary misconduct cases. All you need is one mistake as grounds for your appeal.

Oh, and one more thing: you’re not alone this time around. You’ve got the LLF National Law Firm on your side. We know what qualifies as grounds for an appeal. We know what makes for the strongest arguments, and we’re skilled at putting together compelling documents. Just having us on your side will make an impression on John Jay, and you can be sure we’ll protect all of your due process rights.

One Last Option

In fact, having the LLF National Law Firm on your side can be beneficial in another way as well. If you lose your appeal, there is one more option to try. You can approach the John Jay administration directly and try to get someone in authority to take an interest in your situation. We can help you do that.

All schools maintain an Office of General Counsel, made up of attorneys who’ve been hired to provide the school with advice on a range of legal issues. One word from an OGC, and you can be sure your school president will take your call.

Because we work so extensively in the field of student defense, we know OGC around the country. We can sometimes call on them to intervene when a client’s future is at stake. That could mean a reduced sanction or a new hearing. At a minimum, we can ask the college to remove your offense from your transcript so you can transfer somewhere else. Only we have the background and experience to provide this service, though. You’re not going to get it from a local or family attorney.

The LLF National Law Firm is on Your Side

Whether you’re entirely innocent or simply looking to get fair treatment from the John Jay College of Criminal Justice, 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.