A university appeal is not a complicated procedure. You write the appeal, you submit the appeal, and you wait for an appeals panel to decide your fate. An appeal can be tricky, though. Successful appeals require nothing less than an entire shift in your thinking about your case. An appeal is not a chance to reargue your innocence, and if you go into your appeal trying to do that, you're doomed right from the start.
Auburn gives every accused student the right to an advisor and the right to select an attorney to serve in this role. We're not sure why you didn't contact the Lento Law Firm when you were initially charged. Maybe you thought procedures would be easy to navigate or that the sanction in your case couldn't possibly be much worse than a slap on the wrist.
There's still time to salvage your academic career, though. There's still time to hire the Lento Law Firm. Our Student Defense Team was built to protect student rights, and we take that obligation very seriously. We know the law, and we know how Auburn's judicial system operates. You can count on us to use every resource at our disposal to get you the best possible resolution to your case.
It's important, though, that you contact us immediately. Auburn gives you just five business days from the end of your hearing to file your appeal. That's not much time to put an appeal together. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Appeals at Auburn University
So, if you aren't rearguing your case, what are you doing when you file an appeal with Auburn? You're filing a claim that you were denied a fair opportunity to present your case. That changes things considerably.
- When you were initially charged with an offense, you were entitled to a presumption of “not responsible” (innocence). That is, the university needed a “preponderance of evidence” to substantiate the charges. Without such a preponderance of evidence, the hearing panel could not have found you responsible (guilty). Now that you've been found responsible, you can no longer rely on that presumption of innocence.
- The focus of the case has shifted. You aren't arguing about your innocence anymore. Again, that issue has been decided, at least for the moment. Instead, you're arguing about whether or not you had a fair chance to present your case. You're looking for “grounds” to support your appeal. Auburn accepts just three grounds:
- The university failed to follow its own procedures as outlined in the Code of Conduct.
- New evidence has come to light that might have changed the outcome had you had access to it at the time of your hearing.
- The sanction applied in the case is clearly disproportionate to the nature of the offense.
- You were in a stronger position as the respondent in the case. The university bore the burden of proving your guilt. You may have presented some evidence, but you didn't need to. You only needed to show that the university's evidence didn't meet its burden. Now, the roles are reversed. You are the accuser; the university is the respondent. You now have the burden of proving the university treated you unfairly in some way.
- There are no hearings in appeals cases at Auburn. Instead, the Appeals Panel meets behind closed doors to consider the content of your appeal. That written document must do all the speaking for you.
- You cannot introduce new evidence except to argue that you should be allowed a new hearing. All evidence in your appeal must come from the content of the original hearing.
- There is no chance that your appeal will result in a "not responsible" outcome. The Appeals Panel cannot overturn the Hearing Panel's decision. They can, however, order a new hearing, which gives you a new chance to make your case.
Your Lento Law Firm attorney's first job is to help you reorient your thinking about your case. In addition, they'll go over your entire case, focusing particularly on the record of the original hearing. If there are grounds for an appeal, you can be sure they'll find it. They'll write up the document itself and make sure that it's submitted in a timely fashion. Most importantly, they'll keep a close watch on everything that happens and ensure Auburn respects all of your due process rights.
What's at Stake
As this brief outline suggests, appeals are always an uphill battle. You've exhausted most of your rights at this point, and you've already been found responsible for an offense. Think of that verdict like the "ruling on the field" during a football game. It takes clear and compelling evidence to reverse such a ruling.
Even so, this is a fight you must continue. If you've been suspended, it can be tough coming back and finishing your degree. You may have lost your financial aid, and it's never easy getting up for class every morning once you're out of the habit. If you've been dismissed, your situation is even bleaker. Your transcript will carry a record of your offense, and that can keep you from transferring elsewhere. Your academic career may be over, and that means heading onto the job market without a degree.
Just as importantly, you need to know that you can win your appeal. Students do it all the time. Universities aren't great at dispensing justice—they're just not built for it—and they make a lot of mistakes. When a mistake happens in your case, the appeals process is your remedy.
Finally, don't forget that this time around, you're not alone. You've got a Lento Law Firm attorney on your side, and we can be fierce when it comes to protecting our clients.
An Additional Option
An appeal is your last opportunity to defend yourself within the context of the judicial process. There is another route you can take, though, that can sometimes undo the damage of a responsible finding.
Auburn University has its own Office of General Counsel, attorneys retained by the university to provide legal advice. Because the Lento Law Firm works so extensively in the field of student justice, we have a number of relationships with OGC around the country. These relationships provide us with unique insight into how to defend our clients. We can also occasionally leverage them to reduce a sanction or remove a transcript notation from a client's file.
Keep in mind, though, that only the Lento Law Firm can offer this unique service. This is not something you can expect from a local or family attorney.
Fighting For Your Future
Whether you're entirely innocent or simply looking to get fair treatment from Auburn University, 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 Lento Law Firm at 888-535-3686 or use our online form.
