You may have lost your disciplinary misconduct case at Cal State-Sacamento, but you're not beaten yet. As part of your due process rights, you're entitled to appeal your responsible (guilty) outcome. Appeals can be tricky, though. They require no less than a complete reversal in your thinking about your case. You don't want to try to handle one on your own.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We take that obligation very seriously. We know the law as it applies to students. We also know how CSUS's judicial processes and procedures work, including what's involved in filing an appeal. We can sometimes even help you negotiate a fair solution outside the judicial process if that becomes necessary. You can count on us to use every resource at our disposal to safeguard your future.
Don't wait to contact us, though. Cal State-Sacramento gives you just ten business days from the end of your hearing to file your appeal. That means you need to act quickly. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Filing an Appeal at CSUS
Students sometimes assume that an appeal is simply an opportunity to re-argue their case or to explain just how the university got things "wrong." In fact, an appeal is a very specific type of judicial procedure. It isn't necessarily complicated in terms of process, but it can be difficult to wrap your mind around the goal.
- You've been found responsible for (guilty of) an offense at CSUS. For now, you must accept that. You may be entirely innocent, but continuing to argue that fact will not do you any good. Your responsibility has been decided.
- You can argue that you were denied a fair chance to defend yourself. That is a completely different sort of argument, however. There are just three “grounds,” or arguments, CSUS will allow.
- Some piece of evidence has arisen that wasn't available at the time of your original hearing that might have altered the outcome of that hearing.
- The university committed some type of procedural error that might have altered the outcome of the hearing.
- The sanction the university applied in the case is too severe for the nature of the offense.
- Along with a change in argument, you face an additional hurdle: the burden of proof in the case now rests on you. In the beginning, you were treated as "innocent until proven guilty." Only a preponderance of evidence could have convinced decision-makers to rule against you. You may have presented evidence in your defense, but you didn't have to. You only had to show that the university's evidence was not sufficient to prove your guilt. Now, you're accusing the university of denying you a fair hearing. The university has the presumption of innocence. It has nothing to prove. You have the burden of proving it responsible.
- There are no hearings in appeals cases. You won't get to make your case in person, respond to questions, or cross-examine witnesses. Your entire case is contained in the written text of your appeal. That puts a lot of pressure on your writing ability.
- The only evidence you may offer in support of your appeal is the record of the hearing. The only exception is if you have new evidence to present. In that case, your goal is to show this evidence is significant enough to have impacted the hearing outcome. Again, you are not arguing for your innocence at this point.
- There is no possibility that your case will be overturned on appeal. The Chancellor can affirm the original outcome. They can reduce your sanction. Or they can mandate a new hearing. In that situation, you start over, putting together a brand new defense.
Keep in mind that you are not on your own during this process. The Lento Law Firm attorney is here to offer advice and to work with you to draft the appeal. They'll start by reviewing the case history. They'll go over every inch of the hearing transcript, looking for potential grounds for your appeal. Ultimately, they'll make sure that you file a document that is clear and compelling and that offers the best possible evidence to support your claims.
What's at Stake
If filing an appeal sounds difficult, that's because it is. The university wants to discourage students—especially students who don't have solid grounds—from filing appeals. Don't let the challenges of an appeal dissuade you from filing, though.
There's too much at stake at this point to simply walk away. If you've found your way here, you're likely facing either suspension or dismissal. Either one can devastate your academic and professional careers. If you've been dismissed, you're going to find it virtually impossible to enroll elsewhere. Dismissal includes a transcript notation about the nature of your offense, and with that on your record, most schools simply won't accept your application. The case is somewhat better if you've been suspended. You can return to school once you've served your suspension, though that can be difficult. Should you manage to graduate, though, you'll also have to deal with a transcript notation. That can certainly limit job prospects.
You shouldn't just fight out of desperation, though. You should also fight because you can win. Students can and do overturn their cases on appeal all the time. The reason is simple: universities aren't set up to dispense justice. CSUS's judicial system isn't run by prosecutors and judges with law degrees. It's run by faculty, administrators, and students. Mistakes are almost a given.
Don't let a mistake cost you your future. You have a right to appeal. Make the most of that right by hiring the Lento Law Firm attorney.
One Last Option
Most students don't realize that there's another important way an attorney—the right attorney, anyway—can help them. All colleges and universities retain legal counsel—lawyers or entire firms—to provide them with advice on legal issues. These are known as Offices of General Counsel. Because the Lento Law Firm attorneys work so frequently in the field of student rights, we maintain relationships with many OGCs. These relationships inform our approach to misconduct offenses. We can also sometimes use them to obtain unique resolutions for our clients. Even if you lose your appeal, we may be able to negotiate a lesser sanction or ensure your transcript doesn't include a record of your offense. Only the Lento Law Firm offers this unique service.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Cal State-Sacramento, 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.
