Most people don’t really understand the nature of an appeal. They assume it’s a second chance to prove their innocence, another opportunity to present evidence before a more “reasonable” judge.
Certainly, the appeals process is a crucial part of any disciplinary system. It provides a check on the system, a way of ensuring that the system is working properly, and justice is being done. It can be a tricky process to understand, though. This is one reason why it’s so important you don’t go into the process alone.
The LLF National Law Firm’s Student Defense Team was founded to protect student rights. We know what’s at stake in your case. More importantly, we’re familiar with all of DePaul University’s disciplinary procedures, including how appeals work. We are always on your side, whatever your situation, and we can help you navigate the DePaul disciplinary system and use your rights to your advantage.
It is important you contact us quickly, though. The window for filing your appeal is just ten days, and there’s a good deal to do in that amount of time. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at DePaul University
As a starting point, let’s talk about what’s actually involved in filing an appeal at DePaul. The truth is that the steps are relatively simple. You should have been told about the process at the same time you were informed about the results of your hearing.
- You need to write the appeal itself, offering clear reasons why you feel you deserve a new hearing or a lighter sanction and supporting those with evidence.
- If you participated in an administrative hearing, you’ll submit your appeal to the administrative official’s supervisor. If your case was handled by the University Board, you should direct your appeal to the Dean of Students.
- The designated official considers the appeal. You wait. This part of the process can take up to ten days.
- The university informs you of the final decision in your case.
Taken as a whole, there’s nothing especially difficult about filing an appeal. That first step, though—drafting the appeal itself—is much easier said than done. Let’s take a close look at what it involves.
Drafting Your Appeal
Again, an appeal is not a chance to re-argue your innocence. You were found responsible for (guilty of) an offense. That issue has already been decided, even if you feel it was decided incorrectly.
If you’re not arguing for your innocence, though, what are you arguing in an appeal? You’re arguing that you were denied a fair chance to make your case. The options here are much narrower than they were during your original hearing.
- You can assert that the university committed some procedural error, an error significant enough to have potentially affected the case outcome.
- You can assert that some new piece of evidence has come to light that, had you had access to it at the time of the hearing, might have altered your defense.
- You can claim that the sanction imposed in your case is disproportionate to the nature of your offense.
Keep in mind that you will not have a chance to address appeals officials directly. There are no hearings during this phase of the case. This means your written document must be crystal clear and well-supported. You will not have the chance to explain your points.
It’s also important to remember that the playing field has shifted significantly since your original hearing. Going into that hearing, you still had the presumption of innocence (“non responsibility”). That means the burden fell on the school. Only a preponderance of evidence could have overcome the presumption of innocence. You may have offered up evidence of your innocence, but you didn’t need to. You were already innocent, and all you needed to do was refute the university’s evidence.
You no longer have that presumption. In fact, the presumption is that you are guilty. You’re now the one making the accusation—that you were denied a fair chance to make your case. In this context, the university has the presumption of innocence, and it is up to you to produce enough evidence to overcome that presumption.
The fact is, an appeal is an uphill battle. It’s a battle you can win, though. For one thing, there’s every possibility the university made a mistake in your case, and appeals are designed to correct mistakes. After all, you weren’t prosecuted by a law school-trained attorney. There was no learned judge on the bench handing down rulings. Your case was decided by faculty, students, and university administrators. It would be fairly remarkable if they hadn’t made some mistakes.
You’re not fighting this battle alone, either. This time around, you have an LLF National Law Firm attorney helping you prepare and present your case. We’ll make sure you put forward your strongest arguments. We’ll also keep an eye on the entire process to ensure the university treats you fairly.
The Office of General Counsel
Should your appeal fall short, there remains one last option to try. We can approach DePaul University directly and try to negotiate a fair settlement.
You need to know, though, that presidents, vice presidents, and provosts aren’t ordinarily willing to participate in such negotiations. If you want to convince them to talk to you, you’re going to need some kind of connection, some way to get their attention. Here again, your LLF National Law Firm attorney can play a pivotal role.
Because we work so extensively in the field of student defense, we’ve managed to develop relationships with Offices of General Counsel around the country. In some situations, we can use these relationships to approach a school’s administration. In the past, we have managed to get our clients to reduce sanctions, to have transcripts expunged, and even to get hearing outcomes overturned altogether.
Fighting For Your Future
Whether you’re entirely innocent or simply looking to get fair treatment from DePaul 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.