We get it—taking on Brigham Young – Provo is a daunting proposition. As a private school, BYU – Provo doesn't have to follow most federal guidelines regarding due process. For instance, there was no hearing in your original case. Instead, an investigator decided the outcome following their investigation. Further, BYU–Provo doesn't allow students legal representation, and attorneys are barred from attending judicial meetings and proceedings.
No wonder you didn't hire an attorney to help you before.
You need to know, though, that no school can prevent you from consulting with an attorney about your misconduct case. You always have the right to seek advice, and the Lento Law Firm can play an enormously important role in helping defend you. That's just as true when it comes to filing a case review as it was during the original investigation. The Lento Law Firm's Student Defense Team knows all of BYU–Provo's administrative and judicial procedures and can help guide you through them from beginning to end.
Don't wait to contact us, though. From the moment you're notified of the hearing outcome, you have just five business days to file your appeal. That's not a lot of time to prepare your case. 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 BYU - Provo
The appeals process at BYU–Provo is somewhat unique in that it is the first time you'll have the opportunity to make your case at a formal hearing. Most schools provide for a hearing as part of the initial charges.
You need to know as you go into the process that you face an uphill battle. Some significant aspects of your case have changed since you were initially charged, and any hope of winning your review rests on your ability to adjust your thinking.
- The most obvious change in your position has to do with your responsibility for the offense. Rightly or wrongly, the university determined you to be guilty of the charges, and that alters all the rules.
- Among other things, the burden in the case has now shifted. Originally, you had the presumption of innocence (“Not Responsible”). That meant the university had to come up with a “preponderance of evidence” in order to find you responsible. Now, you're charging the university with treating you unfairly. The university has the presumption of innocence, and you have the burden of establishing your case with a preponderance of the evidence.
- You're no longer trying to prove your innocence. Instead, you're trying to prove you didn't have a fair chance to make your case the first time around. There are only four “grounds” for a review at BYU.
- The facts in the case don't support the findings.
- The university failed to follow its own investigation and adjudication procedures.
- The applied penalty is disproportionate to the nature of the offense.
- Some bias or prejudice affected the judicial process.
- You'll have the opportunity to make your case in person, to introduce evidence, and to call witnesses to testify. You may also raise questions about any evidence being used against you, including witness testimony.
- Generally speaking, you are not allowed to introduce new evidence. Instead, you must rely entirely on the record of the original investigation. The one exception is if you have uncovered new evidence. However, this evidence isn't used to establish your innocence but to justify a new investigation.
- Your case rests in the hands of the Dean of Students. They cannot overturn your hearing outcome. They can affirm the original findings, reduce the terms of your sanctions, or order a new hearing. In addition, their decision is final.
Again, BYU–Provo doesn't allow attorneys to participate in the judicial process or even attend investigative meetings and review hearings. That does not mean you should try to handle your case on your own.
Your Lento Law Firm attorney will help prepare you for every aspect of your case. They'll go over the record of the original investigation, look for grounds for your review, help you file the actual review, work with you to uncover new evidence, and coach you in all aspects of presenting your case at the review itself. Most importantly, they'll monitor everything that happens and ensure you're treated fairly this time around.
What's at Stake
Without question, an appeal is a challenging judicial procedure. Now that you've been found Responsible for an offense, you face an uphill battle in proving that the university got things wrong.
Keep in mind just what's at stake, though. If you've been dismissed from BYU–Provo, it likely means the end of your academic career. You can't simply transfer to another college or university with a dismissal on your record. You know what it means to head out onto the job market without a degree.
Probation and suspension are somewhat lighter sentences, but not much lighter. In both cases, you'll have the opportunity to complete your degree, but that won't be an easy prospect at this point. Beyond the stigma you'll face as a result of your responsible finding, you may lose your financial aid. Your transcript will also include a record of your offense. You don't need to transfer, but you are going to have to show that transcript to every future employer, and that can make the job search exponentially more difficult.
Remember, though, that despite the fact that you are at a disadvantage at this point, students can and do win their reviews. The original investigator in your case wasn't some trained prosecutor or even a seasoned detective. It was a faculty member or an administrator with minimal experience. Under those conditions, mistakes happen all the time. The reason the review process exists is to correct those mistakes, and you have an absolute right to take advantage of the process.
And while your Lento Law Firm attorney can't sit beside you at the review hearing, this time around, you'll have the benefit of an experienced legal professional helping you prepare your case.
Fight for Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Brigham Young University - Provo, 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.
