If you've wound up on this page, we're guessing you've been trying to handle your academic misconduct allegation on your own up to this point. Maybe you thought the process would be simple and straightforward. Maybe you figured that the worst sanction you'd face would be a slap on the wrist. It turns out that Brandeis takes misconduct very seriously, and campus judicial procedures can be every bit as complicated as procedures in any courtroom.
The good news is that you still have a chance to salvage your academic career. Unfortunately, the appeals process can be even more challenging than dealing with an investigation and hearing. You're definitely going to need help--the best help you can get.
No one—no one—gives you a better chance of success than the attorneys at the Lento Law Firm. Our Student Defense Team was specifically created to help protect student rights. We know what the law has to say about higher education. We also know how campus judicial systems like the one at Brandeis operate. You have a number of important rights, and if you use them effectively, they can help save you from a serious sanction. You have to know how to use them, though. We do. We're on your side no matter what, and we'll do what it takes to get you the best possible resolution to your case.
It's important you act quickly, though. You have just five days to file your appeal. That's not a lot of time to prepare a strong case. Call 888-535-3686 today, or use our online questionnaire to tell us more about your case.
The Appeals Process at Brandeis University
We don't want to sugarcoat what you're facing. As difficult as it was getting through an investigation and hearing, an appeal can be even more challenging.
- Initially, you were presumed innocent ("Not Responsible"). "Innocent until proven guilty" is an important concept in any justice system. It means the burden was on Brandeis to prove you committed an offense. You probably offered some evidence of your innocence, but you didn't have to. Brandeis had to have strong evidence in order to find you guilty. The situation has changed now. You've been found guilty. The burden is now on you to demonstrate that Brandeis treated you unfairly during the hearing.
- The original case was about whether or not you were innocent. You were allowed to offer any argument in your own defense. Maybe you had an alibi, for instance, or argued that you simply didn't have a motive to commit the offense. The only issue in an appeal is "fairness." Did you have a fair chance to present your case? Brandeis allows only two possible arguments:
- You have uncovered some new evidence that wasn't available at the time of the hearing. In all fairness, you should be given a chance to present this evidence to help your case.
- Some procedural error occurred that prevented you from having a fair opportunity to make your case. You should have the right to defend yourself under ordinary university rules, just like any other student.
- At the hearing, you had the opportunity to present any reasonable evidence to prove your innocence—physical evidence and witness testimony. You were also allowed to raise questions about the evidence against you. Because an appeal isn't about innocence, though, you cannot argue about the evidence. Unless you've discovered some new evidence, you must focus on the hearing record. Nothing else is relevant.
- You will not automatically get a hearing. Before the Appeals Board even considers your case, the Dean of Students must review your appeal and decide whether or not you have established proper grounds for your appeal.
- You will not have the opportunity to present your appeal in person. Your arguments must all be in writing. This limits what techniques you can use to persuade decision-makers.
- Again, appeals are not about guilt and innocence. That means that even if you win your appeal, your case isn't over. The best you can hope for is another chance to defend yourself at a hearing.
What's at Stake
We know we've made the appeals process at Brandeis sound pretty difficult, and it is. There are at least two reasons why you have to continue your fight, though.
First, there's just too much at stake to walk away at this point.
If you're facing dismissal, you know that means the end of your career at Brandeis. You lose all the progress you've made to this point, and, at best, you have to start over at another school. Even starting over isn't a given, though. You'll find very few colleges and universities are willing to take a chance on a student who's been dismissed somewhere else. You could be heading out onto the job market with no degree at all.
Suspension is better than dismissal, of course. You at least get the chance to return to school and complete your degree. Lots of students never make it back, though. Once you've been out, gotten a job, and started paying off student loans, it can be tough returning to school. You also need to know that your transcript will forever carry a record of your offense. That can make it tough to get a job even if you do manage to graduate.
The second reason to continue the fight? As difficult as your position is at this point, plenty of students win appeals. No judicial system is perfect, but university judicial systems necessarily have holes. Schools just aren't set up to judge serious misconduct allegations. Processes and procedures are far more relaxed, and investigations and hearings aren't run by legal experts. They're run by chemistry professors, English T.A.s, and students.
The appeals process exists for a reason: it's a check on the system, a chance to make sure Brandeis got it right. You should never be shy about taking advantage of this right, but you want to make sure you're well-prepared, and you want to have the best help you can find beside you. When it comes to student defense, the best help is a Lento Law Firm attorney.
Fight For Your Future
There's actually a third reason you should continue to fight for your future: this time, you're not on your own. We get it: Brandeis says you can't "employ" an attorney. If you read the entire context of that statement, though, it actually says you can't “employ professional legal counsel [...] to participate in an Administrative Hearing.” Most of what we do has nothing to do with sitting beside you in meetings and hearings. We can go over the case record with you and look for procedural errors, help you look for additional evidence, and even draft your appeal. Most important of all, we'll keep an eye on what happens and make sure Brandeis respects your rights.
As we said in the beginning, though, you cannot afford to wait. The window for filing your appeal at Brandeis is just five business days. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
