You lost your disciplinary misconduct case at Cal Poly-Pomona. If you're here, it probably means you're facing a serious sanction, like suspension or dismissal. You do still have a chance to get a new hearing and, potentially, a new outcome. You're going to need help, though.
An appeal is a unique procedure, and most students don't really understand exactly how it works. You're not, for instance, re-arguing your case. An appeal isn't a chance to convince a new decision-maker that the original decision-maker got things wrong. If you don't have a clear understanding of what an appeal is supposed to be, the odds are definitely against you.
The attorneys at the Lento Law Firm can help. Our Student Defense Team knows how Cal Poly-Pomona processes and procedures work, including what's involved in appeals. We can walk you through your appeal step by step and make sure you offer the very best possible arguments and support them with strong evidence. We're always on your side, and whatever your situation, we're ready to bring every resource to bear to get you justice.
It's important you act quickly, though. Cal Poly-Pomona gives you just ten days to file your appeal. That's not a lot of time to build 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 Nature of Appeals at Cal Poly-Pomona
What makes an appeal so difficult? If you haven't filed an appeal before, the process seems relatively straightforward. You write the appeal itself, you submit it, and you wait for the decision. The challenge is in shifting your thinking.
- As a starting point, you must accept that you've been found responsible for (guilty of) an offense. Yes, there is a path to undoing that responsible outcome, but you're just beginning that path. One of the most important consequences of the responsible finding is that you cannot continue to argue for your innocence. That issue has been decided, at least for now.
- So, what are you arguing exactly? An appeal is a check on the disciplinary system, a chance for Cal Poly-Pomona to make sure it gave you a fair investigation and hearing. Your argument, then, will have to do with how you were treated during the process. There are essentially three possibilities.
- You might argue that the university committed some procedural error that denied you the right to a fair hearing.
- If you've uncovered new evidence, you can argue that this new evidence warrants a new hearing to consider how it might impact the original case decision.
- You can also argue that the sanction applied in your case is simply too severe for the nature of your offense.
- The arguments in the case have shifted; so has the burden. As the respondent (the accused), you were entitled to the presumption of innocence (not responsible). Now, the roles have reversed. You're accusing the university of making a mistake. As the accused, the university has the presumption of innocence, and you bear the burden of overcoming that presumption with concrete evidence.
- You will not have a chance to address the appeals official. Their decision is based entirely on the contents of your written document. That means this document must be clear, compelling, and well-supported.
- You cannot simply rely on the evidence you used in your original hearing. That evidence was meant to prove your innocence, but again, the issue of your guilt has already been decided. You may present new evidence if you've found something since the hearing, or you may present evidence demonstrating the university's procedural errors.
- It is rare for an appeals officer to overturn a hearing decision. Your best hope is that they decide to order a new hearing. That means starting your case over again, but it allows you a second chance to prove your innocence.
Keep in mind that you have help this time around. Your Lento Law Firm attorney will prepare you for every aspect of your case. They'll work with you to identify grounds for your appeal. In addition, they'll draft the appeal itself and make sure it's submitted on time. Of course, their primary job is to ensure you're treated fairly throughout the process and that you get the best possible resolution to your case.
What's at Stake
If you're facing suspension or dismissal, you cannot afford to walk away at this point, even though that is often a strong temptation. You've been through a difficult investigation and hearing, but a serious sanction can have long-lasting consequences.
If you've been dismissed, it means the end of your career at Cal Poly-Pomona. In fact, it probably means you won't have a chance to earn a degree at all. You can't simply transfer to another school with a serious offense on your transcript. The situation isn't much better for suspension. You can return to the university once you've served that suspension, but few students do. You may have lost your financial aid package as a result of your offense. Plus, once you've been out in the workforce, it's difficult to get back into the routine of classes and studying. In addition, you'll also have a transcript notation about your offense, and that can be a disqualifying factor in job applications.
The good news is that even though the playing field has shifted, you can still win your appeal. Many students do. That's because universities aren't really equipped to dispense justice, and they tend to make a lot of mistakes. Those mistakes are your opportunity to demand a new hearing. Don't be shy about taking advantage of your rights.
Using the OGC
There is yet one more way to challenge a responsible finding. Like all schools, Cal Poly-Pomona maintains an Office of General Counsel (OGC). These are lawyers whose sole responsibility is providing the university with legal advice. Often, it's the OGC that designs a school's disciplinary procedures, and on occasion, they even sit in on hearings to ensure the process runs smoothly.
Lento Law Firm attorneys have strong relationships with OGC at colleges and universities across the country. We rely on these relationships to give us insight into how schools run their investigations and hearings. We can also sometimes rely on them to get justice for our clients outside normal disciplinary channels. In the past, we've been able to negotiate lighter sanctions, clean transcripts, and even not responsible verdicts.
Keep in mind, though, that we are the only law firm that can offer this service. Local attorneys don't have the background and connections we do, and they can't provide the services we can.
You're Not Alone in This Fight
Whether you're entirely innocent or simply looking to get fair treatment from Cal Poly-Pomona, 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.
