If you’re here, it means you lost your disciplinary misconduct case at Clemson. The answer is yes. You can still appeal the Hearing Board’s finding. There’s a lot to do, though, and not a lot of time to do it in, so let’s not beat around the bush.

An appeal is a delicate procedure, and it’s not one you want to tackle alone. Luckily, you don’t have to. You always have the right to consult with an attorney. The LLF National Law Firm’s Student Defense Team can make sure you file the strongest possible appeal. We’ve been at this a long time, and we’ve helped hundreds of students. We know how Clemson’s appeal process works, and we know what makes for the most compelling evidence.

Again, though, it’s important you act quickly. Clemson allows you just five days from the end of your hearing to file. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.

Filing an Appeal at Clemson

Appeals are very different from investigations and hearings. Much has changed about your situation at this point, and it’s crucial that you adapt.

  • First, you must accept the fact that you’ve been found responsible for (guilty of) an offense. The Hearing Board may have gotten things completely wrong, but continuing to protest your innocence will not serve your cause.
  • Instead, you must shift your strategy to arguing about how you were treated during the investigation and adjudication processes. “Grounds” for appeal must relate to issues of fairness. Generally speaking, there are only five options.
    • You can argue that some procedural irregularity occurred and affected the outcome of the case.
    • You can argue that new evidence has arisen that could potentially affect the case outcome.
    • You can argue that the evidence in the case doesn’t actually justify the outcome.
    • You can argue that an investigator or decision-maker had a conflict of interest that prevented them from viewing the case objectively.
    • You can argue that the sanction applied in the case is more severe than the offense deserves.
  • The “burden” in the case now rests on you. As the respondent (the accused), you had the presumption of innocence. Now you’re the complainant. The university has the presumption of innocence, and you must overcome that presumption with a “preponderance of evidence.”
  • There are no hearings in appeals cases. Decisions are based strictly on the contents of your appeal. That means this document must contain all of your arguments and your evidence, and it must be clear. You will not have an opportunity to explain your points.
  • You need brand-new evidence. Evidence of your innocence is irrelevant at this point. You need evidence that you were treated unfairly, and usually, that comes from the record of the original hearing.
  • Your case cannot be “overturned” on appeal. Decision-makers can affirm the original decision, lessen the sanction, or order a new hearing. Those are the only options.

You can count on your LLF National Law Firm attorney to walk you through every step of the appeals process. They’ll make sure you have a clear sense of the situation. They’ll work with you to uncover grounds to support your appeal. And they’ll draft the appeal itself.

You Must Keep Fighting

It’s important to remember just what’s at stake at this point. If you’re facing suspension, it means, at best, a serious interruption in your studies. In fact, many students never return from a suspension. Once you’re out of school and tied to a job, it can be tough coming back to Clemson and going to classes again. In addition, your responsible verdict may affect your financial aid package, and that can make it difficult to pay for classes.

Dismissal, of course, is an even worse situation. It means giving up all the progress you’ve made to this point and leaving your friends and community behind. And you can’t just transfer your way out of the situation. Few schools will accept students with a disciplinary misconduct offense on their transcript. You may need to begin your career without earning a degree, and that’s never ideal.

You can win your appeal, though, and gain a new chance to defend yourself—a new chance to get things right. The whole point of an appeal is to correct mistakes in the system, and university disciplinary systems tend to have a lot of mistakes. Faculty, students, and administrators may all be smart, but their backgrounds aren’t in legal procedure. Investigations and hearings are usually very informal affairs. Evidence that shouldn’t be let in gets let in; evidence that should be in gets excluded. Decision-makers allow their biases to affect their judgment. If something went wrong in your case, you deserve another chance to make your case.

The Office of General Counsel

No one better understands university disciplinary systems than the attorneys at the LLF National Law Firm. The LLF National Law Firm can offer another valuable service you won’t find anywhere else.

All universities maintain something called an Office of General Counsel. These are attorneys or entire firms kept on retainer to provide the school with advice on legal matters. Often, they’re the ones responsible for designing the disciplinary system. They help schools stay in compliance with the law. They help schools avoid costly lawsuits.

The LLF National Law Firm cultivates relationships with OGC around the country. These relationships provide us with unique insight into how to defend our clients. We can also occasionally rely on them to get justice outside the disciplinary system. We can sometimes convince OGC to recommend that administrators negotiate with us directly, and that almost always means a better outcome.

What Can We Do For You?

Whether you’re entirely innocent or simply looking to get fair treatment from Clemson University, 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 LLF National Law Firm at 888-535-3686 or use our online form.

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