If you're looking to file an appeal with East Carolina University over your disciplinary misconduct case, the most important thing you need to know is that an appeal is not a hearing. It is not a second chance to argue your innocence before a Conduct Board or an Appellate Board. An appeal is a very specialized procedure. It doesn't allow you to defend yourself. Rather, it is a check on the process, one last chance for the university to ensure that you were treated fairly and justice was done.
If you're going to have any chance of winning your appeal and gaining a new hearing, you're going to need help. You need someone in your corner who not only understands the appeals process but who is familiar with ECU judicial rules and procedures. You need someone from the Lento Law Firm.
Our Student Defense Team is dedicated to protecting student rights. We've helped hundreds of students defend themselves from all types of charges, and we're familiar with campus justice, including how appeals work. Whatever your situation, we're on your side, and we'll use every resource at our disposal to ensure you're treated fairly.
You cannot wait to contact us, though. Once your hearing is over, you have just five calendar (not business) 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.
Appeals at East Carolina University
The most important thing you can do as part of your East Carolina University appeal is adjust your thinking.
- As a starting point, you must come to terms with the fact that you've been found “responsible for” (guilty of) an offense. There is a path to undoing that responsible verdict, but you cannot simply continue to insist on your innocence.
- It is also important to accept that the burden in the case now rests on you. When you were initially charged, you were presumed innocent ("not responsible"). You may have presented evidence of your innocence at your hearing, but you didn't need to. The university bore the burden of proving your guilt. Now, the roles are reversed. You are accusing ECU of denying you a fair hearing. The university has the presumption of innocence, and you bear the burden of providing a "preponderance of evidence" to prove its guilt.
- If you are not arguing over your innocence, what are you arguing about? You must be able to show that you were denied a fair opportunity to defend yourself. These are known as "grounds" for your appeal, and at ECU, there are only two possible grounds.
- You were denied due process in some way.
- The decision in the case was not supported by the evidence.
- Your case may have been decided by a full Hearing Board. Now, however, a single official—the Vice Chancellor for Student Affairs has sole authority to decide your fate.
- You cannot plead your case directly. There is no hearing, no chance to present evidence, and no opportunity to cross-examine witnesses. Everything about your appeal must be contained in a written document.
- The only acceptable evidence must come from the record of the original hearing. Again, you are not presenting evidence of your innocence. You are presenting evidence that you were treated unfairly at the hearing, and only elements of the hearing can prove that.
- The Vice Chancellor cannot find you "not responsible." Should you win your appeal, you'll be allowed a new hearing. In other words, the best possible outcome is the chance to defend yourself all over again.
The moment you contact the Lento Law Firm, we'll begin working to uncover grounds for your appeal. Remember, you have just five days to file. We'll go over the entire record of your case. Once we've identified grounds, we'll draft the appeal itself, making sure it is both well-supported and compelling. Finally, we'll make sure that your appeal is filed in a timely manner.
The Stakes in This Fight
Lots of students give up without ever filing an appeal. We get it. You're exhausted at this point. It's no easy task taking on an entire university. You worked hard, and you still came up short. Plus, an appeal can seem like a long shot.
It isn't. Appeals are meant to correct mistakes, and universities make a lot of mistakes when it comes to student justice. Keep in mind: your case wasn't heard by a learned judge with a law degree and years of experience on the bench. It was heard by a handful of faculty, administrators, and students. Everyone on your Hearing Board was probably well-educated, but not in the law. They didn't know when to let evidence and when to keep it out. They didn't know which witnesses to believe and which to disbelieve. They let their prejudices dictate their decisions. An appeal is your chance to demand justice in the face of those mistakes. Don't let the opportunity pass by.
Keep in mind as well that you're not alone this time around. You have a Lento Law Firm attorney in your corner, keeping the university honest and ensuring you're treated fairly. That can make all the difference in the outcome.
The Office of General Counsel
Every college and university has an Office of General Counsel (OGC). These are attorneys, or in some cases, entire law firms, responsible for providing the school with legal advice. The OGC may have designed your school's judicial processes. The Vice Chancellor often consults with the OGC before making a final decision about an appeal. The OGC's opinion carries enormous weight.
The Lento Law Firm maintains relationships with OGC around the country. We rely on these relationships to keep us informed about how campus justice works. We use what we learn from OGC to plot a strategy for our clients. In some cases, we can also leverage these relationships to negotiate a better deal for our clients. Even if you should lose your appeal, we may be able to get you a meeting with ECU's administration. On occasion, university presidents will set aside a hearing verdict, lessen a sanction, or remove a transcript notation.
No other attorneys have these relationships. Only the Lento Law Firm can offer you this service.
How Can the Lento Law Firm Help?
Whether you're entirely innocent or simply looking to get fair treatment from East Carolina 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 Lento Law Firm at 888-535-3686 or use our online form.
