Binghamton University SUNY allows students access to an attorney any time they are being investigated for misconduct, but you chose to handle your case yourself. Maybe you thought a college defense would be simple and straightforward, and if you lost your case, the worst you might face would be a slap on the wrist. Or maybe you did hire an attorney, but you went with someone local, thinking they'd be plenty qualified to protect your rights.
Things didn't go your way.
The good news is, you're here now. The Lento Law Firm is the premier firm in the country when it comes to representing students. Our Student Defense Team has helped hundreds of students, just like you, defend themselves from all types of charges. We know how the Binghamton system works, including what is involved in filing appeals.
It doesn't matter that you didn't hire us before. We're on your side now, no matter what, and we'll fight to get you the best possible resolution to your case.
You need to act quickly, though. Binghamton gives you just ten calendar days to file your appeal, and there's a lot to be done. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at Binghamton SUNY
It's important you shift your thinking as you move from the investigation and adjudication processes to the appeals process. Students often make the mistake of assuming an appeal is a chance to re-argue their case. You need to understand the actual purpose of an appeal if you're going to make the most effective use of this opportunity.
- Your case has been decided. You disagree with the decision, or you wouldn't be looking to file an appeal. The university's working assumption, though, is that you received a fair hearing and a just decision. Look at it this way: in the beginning, Binghamton was obligated to treat you as innocent ("Not Responsible") until such time as you were proven guilty ("Responsible"). In legal terms, it had the "burden" of proof. That burden now rests on you. The university is presumed to have acted properly, and you are presumed to be guilty. You must prove that "more likely than not," the university mistreated you in some way.
- “Mistreatment” does not simply mean the universe chose the wrong verdict. It has a much narrower definition. Essentially, you must be able to prove one of three propositions:
- The finding is wrong for some specific reason. Either the decision-maker had insufficient evidence for their findings, or some new evidence has arisen that could change the outcome.
- Some procedural error occurred that prevented you from receiving a fair hearing.
- The sanction that has been imposed is unfair in some way.
- Only one of these three arguments will do. You may not argue simply that you are innocent, only that you were treated unfairly.
- You will not have the opportunity to address the appeals board. There are no hearings in appeals cases. This means your entire case must be made in writing.
- Unless you have new evidence to present, the only evidence the appeals board will accept is the record of the original hearing. All of your arguments must be based on this record.
- “Winning” your appeal does not mean winning your case. The appeals board has three options open to it. It can reaffirm the original decision. It can reduce the severity of your sanction. It can order a new hearing.
While the process of an appeal is relatively straightforward, don't make the mistake of thinking an appeal is a simple matter. You must carefully review the record of the original hearing in order to find “grounds” for your appeal. You must come up with compelling arguments. You must draft a document that presents your entire case clearly and succinctly. The attorneys at the Lento Law Firm have written hundreds of appeals. They know exactly what appeals committees look for and how to ensure your case comes across plainly in writing.
What's at Stake
You may have noticed that the deck is stacked against you at this point. That's true. You face a number of significant challenges in filing an appeal, challenges you didn't have at the beginning of your case.
It's important you continue to fight for your academic future, though.
For one thing, there is no Plan B at this point. If you're facing dismissal, your academic career is likely over if you should lose your case. Dismissal always includes a transcript notification explaining the exact nature of your offense. Very few colleges and universities are willing to accept students who've been dismissed elsewhere. Even if your sanction is only suspension, your transcript will likely reflect your offense. While you can still earn your degree, any disciplinary notation can make it difficult to get jobs coming out of school. The bottom line is that an appeal is your last chance to ensure you have a diploma when you head onto the job market.
Keep in mind as well that universities frequently make mistakes when it comes to justice. Cases aren't tried by seasoned prosecutors. They aren't heard by experienced judges. Instead, everything was controlled by faculty, administrators, and other students. The odds are good, then, that you can uncover some grounds to justify your appeal.
Most important of all, you're not on your own this time. You've got a Lento Law Firm attorney on your side. They'll go over the record of your case with a fine-toothed comb. They'll help you come up with the strongest possible arguments. They'll make sure your appeal itself is airtight. And, if you should win your appeal, they'll be ready to help you go through the process of a new hearing.
Fight For Your Future
Of course, the Lento Law Firm cannot guarantee to win your appeal. No one can do that. At this point, you've exhausted a number of your most important rights. The appeals process at Binghamton SUNY exists for a reason, though. You deserve justice, and what the Lento Law Firm's Student Defense Team can promise you is that they will fight hard to get you that justice. They're here to protect your rights and to make sure you get the best possible resolution to your case.
As we said in the beginning, though, you cannot afford to wait. Ten days is not long to put together a strong appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
