Losing a disciplinary case can be a serious blow, especially if the penalty that comes with the loss is something serious, like suspension or dismissal. A “Responsible” (guilty) finding might not be the end of your academic career, though. At Carnegie Mellon, you have the right to appeal Responsible findings.
We can help you to do that. The LLF Law Firm is dedicated to protecting student rights. We've defended hundreds of students from all types of charges, and we know what to expect when it comes to filing appeals.
Maybe you didn't hire a lawyer to handle your investigation and hearing, or maybe you went with a local attorney, someone who didn't have experience with campus cases. That's OK. The LLF Law Firm's Student Defense Team may still be able to help. We're familiar with Carnegie Mellon's administrative and judicial systems, and often, we can find solutions other advisors and attorneys might not have considered.
Don't wait to contact us, though. You have just seven days to file an appeal once you've been notified of your hearing verdict. That's not a lot of time to put your appeal together. Call the LLF Law Firm today at 888-535-3686, or take the time right now to fill out our online questionnaire.
The Appeals Process at Carnegie Mellon
The good news is that Carnegie Mellon wants to make sure you're treated fairly and that justice is done in your case. That's why the university has granted you so many due process rights. You were presumed “Not Responsible” (innocent), for example, until the point when the Disciplinary Committee decided you were Responsible (guilty). You were allowed to review all the evidence in the case. You were also allowed to bring a support person with you to the hearing.
As part of those rights, you are also provided an opportunity to appeal the hearing outcome. That means you still have one slim chance to defend yourself.
The bad news is that you've exhausted most of your due process rights, and while you can still appeal, there are serious restrictions on the appeals process.
The first of these restrictions has to do with “grounds.” You're not allowed to appeal just because you don't like the outcome of the hearing. You have to be able to show some legitimate reason why justice wasn't done in the original hearing. Carnegie Mellon accepts just four grounds for appeal:
- A procedural error occurred that may have had some impact on the outcome;
- The outcome was not in keeping with the normal standards at Carnegie Mellon;
- The outcome was not based on the legal standard “preponderance of the evidence”;
- New evidence has come to light that could have a bearing on the outcome.
Should you manage to convince the university to accept your appeal, you then face additional challenges.
- This time, you aren't "innocent until proven guilty." You have been proven guilty, and the burden is on you to prove there is something wrong with that verdict.
- You won't be facing a panel of decision-makers. The Disciplinary Committee contains at least two students in addition to faculty and staff. Your fate now is in the hands of one administrative Appeals Officer.
- You don't get a hearing as part of your appeal. Decisions are based exclusively on the record of your hearing and the contents of your appeal itself. Unless you have discovered new evidence, you cannot introduce evidence, and you'll have no chance to call witnesses. You cannot address arguments and witnesses against you. Maybe, most importantly, you cannot meet with the Appeals Officer in person and put a face to the facts of your case.
Despite these challenges, students can and do win cases on appeal. Carnegie Mellon's judicial system is not perfect. Hearings aren't run by trained judges. Decisions are in the hands of finance professors, English T.A.s, and third-year chemistry students. In those circumstances, mistakes happen. You have a right to point them out.
You cannot expect to win an appeal, however, by going it alone. You're not simply filling out a form asking the university to reconsider your case. Your appeal is a complex document, offering arguments as to grounds, reminding the Appeals Officer of the most significant evidence, and sometimes making very fine distinctions between school policy and the law. You need the best help you can get with drafting this document. You need someone from the LLF Law Firm.
One Final Option: Direct Negotiation
There is yet one more reason to seek legal representation from the LLF Law Firm: we understand the system at Carnegie Mellon, and we can sometimes use what we know to find alternative solutions, even when appeals fail.
In the past, we have occasionally been able to convince university administrations to negotiate directly with our student clients outside of judicial processes. In order for a strategy like this to work, though, you must have a compelling reason why it's in the university's best interest to undertake this type of negotiation, and you need to know who to contact to initiate the process.
The LLF Law Firm was founded to deal with student issues, and our attorneys work every day with university faculty and administrators. In addition, we have relationships with numerous attorneys who serve as Office of General Counsel at universities like Carnegie Mellon. It is the General Counsel's job to advise schools on legal matters. At Carnegie Mellon, for instance, these attorneys often sit in on disciplinary hearings. These relationships provide us with unique insight into how campus justice works. We can also sometimes leverage them to open negotiations.
Fight For Your Future
We won't promise you something we can't deliver. We cannot guarantee you that we'll win your case. No one can. At this point, you are in a difficult situation with limited options. Here's what we can promise you, though. No one gives you a better chance of winning than the LLF Law Firm's Student Defense Team. No one knows the system the way we do, and no one is better positioned to leverage that system for your benefit.
You cannot afford to wait, though. Carnegie Mellon gives you just seven calendar days to file your appeal. Contact the LLF Law Firm today at 888-535-3686 or use our online form.
