You’re in a difficult spot, there’s no question about it. You lost your case at Eastern Michigan University, and if you’re here, we’re guessing that EMU imposed a serious penalty, like suspension or dismissal.

You do still have two important options open to you. You can appeal your case through the disciplinary misconduct system. You can also try negotiating directly with the EMU administration.

Neither of these options is easy, though, and you’re going to need help. Even if you handled your own investigation and hearing—even if you hired some other attorney to help you with those processes—the LLF National Law Firm is always on your side and ready to fight for your future. Our Student Defense Team knows what you’re up against, we understand the stakes, and we’re familiar with all aspects of EMU’s disciplinary misconduct system, including how to file appeals.

It’s important you contact us quickly, though. EMU gives you just seven business days in which to file your appeal, and there’s a lot to do in that timeframe. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.

Filing Your Appeal

Most people don’t really understand the purpose of an appeal, and that can put you at a serious disadvantage when you’re writing one. The process of filing at EMU is relatively straightforward, though.

  • First, you must write the appeal. This is the tricky part. More on it in the next section. Keep in mind, though, that it must be typed, and you must attach any evidence you’d like decision-makers to consider.
  • You file your appeal with the Office of Student Conduct and Community Standards. Again, you have just seven days from the end of your hearing to do this.
  • The Office of Student Conduct forwards your appeal to the university’s Judicial Appeals Board.
  • At this point, you must simply wait for the Board to render its decision. This decision is final. There are no more options available to you as part of the disciplinary system.

Writing The Appeal

So what’s the big deal about writing the appeal? You must change your thinking about your case, and that’s hard for some students.

An appeal is not a second chance to argue for your innocence. You cannot make the same arguments, and you cannot use the same approach that you used during the investigation and hearing.

Rightly or wrongly, you’ve been found “responsible for” (guilty of) an offense. For the moment, you must accept that. An appeal is not about guilt and innocence. It’s about whether the system worked the way it was supposed to, and all of your arguments must address that question.

In this context, there are just four possible arguments, or “grounds” you can offer.

  • You can argue that the Office of Student Conduct committed some kind of procedural error in your case. That error was significant enough to deny you the fair opportunity to present your defense. As a result, you deserve a new opportunity to present that defense.
  • The decision the Board reached is not supported by the evidence in the case. “Responsibility” (guilt) must be based on a “preponderance of the evidence.” That is, the evidence must demonstrate that it is “more likely than not” that you committed the offense. Otherwise, the verdict is invalid.
  • If any new evidence has come to light since the hearing, you can argue that it deserves to be considered via a new hearing.
  • You can argue that the sanction in your case is disproportionate to your offense. In such instances, the Appeals Board has the option of reducing that sanction.

There are no hearings in appeals cases. You will not have the opportunity to address Board members directly, to cross-examine witnesses, or to clear up any confusion about your arguments. This means your written document must be absolutely clear and compelling. In addition, all your evidence must come from the original hearing, unless you’ve discovered new evidence that you think deserves to be reviewed. Remember: you are not presenting evidence of your innocence. You’re presenting evidence of the university’s mistakes.

To that point, you now bear the “burden” of the case. You may have presented evidence of your innocence at your hearing, but you didn’t have to. The burden was on the university to prove your guilt, and all you had to do was challenge its evidence against you. Now you’re charging the university with mistreating you. The university has the presumption of innocence, and you need concrete evidence to overcome that presumption.

Faced with these challenges, many students simply choose to walk away. Don’t. You have every chance of success in an appeal. All you must do is show the university committed one mistake. And as it turns out, universities do that a lot. Faculty, administrators, and staff just don’t have the background to administer justice fairly. Their mistakes are your opportunity for a new hearing.

A Second Option

We mentioned before that there is another option for challenging your “responsible” verdict and the sanction you’re facing. You can approach the EMU administration directly and ask them to review your case. Unfortunately, most presidents, provosts, and deans aren’t anxious to revisit decisions made by disciplinary hearing panels.

If you’re going to overcome that barrier, you need some means of getting their attention. One way to do that is by contacting the school’s OGC, or Office of General Counsel. These are attorneys colleges and universities hire to provide them with legal advice, and administrators pay close attention to what they have to say.

The LLF National Law Firm maintains relationships with OGC around the country, and we frequently make use of these relationships to ensure our clients receive a fair hearing. In the past, we have convinced university presidents to reduce sanctions, clean up transcripts, and even overturn disciplinary decisions altogether.

What Can the LLF National Law Firm Do For You?

Whether you’re entirely innocent or simply looking to get fair treatment from Eastern Michigan University, you owe it to yourself to continue the fight. The LLF National Law Firm’s Student Defense Team is 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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