A “responsible” (guilty) verdict in a disciplinary misconduct case can be a serious blow. You put a lot of work into your case, and you lost anyway. Now you’re facing a sanction like suspension or dismissal, either of which could mean the end of your time at Florida SouthWestern State and a serious setback to your professional career options.
You’re not defeated just yet, though. Under FSW policies, you still have the right to appeal your hearing outcome. That can result in a reduced sanction or potentially a brand-new hearing. An appeal is never a slam dunk, though. In fact, it requires nothing less than a complete reorientation in your thinking, and many students can’t manage to pull that off.
The good news is that you’re not alone. The LLF National Law Firm is always on your side, no matter what the situation. Our Student Defense Team understands just how high the stakes are, and we’re familiar with all FSW processes and procedures, including what’s involved in filing an appeal. We’ve helped hundreds of students just like you defend themselves from all types of charges, and you can count on us to use every resource at our disposal to get you the best possible resolution to your case.
It’s important you contact us quickly, though. You have just seven business days from the end of your hearing in which to file your appeal, and there’s a lot to do. 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 FSW Appeal
Let’s start with a basic overview of the steps to filing your appeal.
-
First, you need to write the appeal itself. There are no forms to guide the structure of this appeal, but you want to include your strongest arguments and your most compelling evidence.
-
Next, you file your appeal with the university’s Chief Student Affairs Officer. Again, it’s crucial that you do this within the seven-day deadline. Otherwise, this officer is likely to reject your appeal without even bothering to read it.
-
Once they’ve received your appeal, the Chief Student Affairs Officer then has seven business days to issue their response. This response is final. There are no other appeal options.
Simple enough, right? Most of your job is waiting for a decision. There is that “writing the appeal” step, though. Let’s talk about it next.
Drafting Your Appeal
Students often assume that an appeal is a second chance to make their case—like a sort of do-over. You’ll be presenting your arguments to a brand-new decision-maker, and surely they’ll “get it” in a way the Conduct Officer or Hearing Board didn’t.
That’s not the function of an appeal at all, and if you go into the process with that mindset, you’re doomed before you even begin. The purpose of an appeal is to serve as a check on the system, a chance for FSW to determine if you were treated fairly during the process. You’ve been found responsible for an offense, and an appeal cannot change that, at least not by itself.
What you want to accomplish is proving that you were in some way denied a fair opportunity to make your case. That can earn you a new hearing. So don’t bother trying to refine your arguments about your innocence. For the moment, that’s a dead issue.
Essentially, you have three options when it comes to arguments:
-
The university failed to follow its own procedures in your case. As a result, you were denied a fair hearing, and you deserve a chance at a new one.
-
Some new piece of evidence has come to light that, had you had access to it at the time of your hearing, might have changed the outcome.
-
Decision-makers imposed a sanction on you that is disproportionate to the nature of your offense. You don’t deserve a new hearing, but you do deserve a reduced sanction.
In addition to a new argument, you’re going to need compelling evidence this time around. When you were initially charged, you were treated as “innocent until proven guilty.” You had the advantage in the case. This time, you’re the one making the allegation against the university. That means the university has the presumption of innocence, and only a “preponderance of evidence” can overcome this presumption.
Finally, keep in mind that there are no hearings in appeals cases. All of your arguments and all of your evidence must be contained in your written document.
An appeal can be challenging, no question. Lots of students give up before they even try it. Don’t do that. Colleges and universities make lots of mistakes when it comes to due process. They exclude evidence they should hear. They hear evidence they shouldn’t. They allow their biases to dictate their decisions. When they make mistakes, you deserve another chance to defend yourself. Don’t be shy about demanding it.
We can help you do that. Just having an LLF National Law Firm in your corner can remind a school to respect your rights. And you can count on us to pressure FSW to treat you fairly.
Negotiating Your Case
There’s another good reason to have the LLF National Law Firm in your corner: we can sometimes negotiate disciplinary misconduct cases outside normal system channels. That’s because we have connections in the academic world that other attorneys don’t.
Every school maintains an Office of General Counsel (OGC). These are attorneys hired specifically to provide the administration with legal advice. OGC keeps up to date on new state and federal laws, they work to head off potential lawsuits, and they may even have designed your school’s disciplinary misconduct system. In short, their opinions carry enormous weight on campus.
We have relationships with OGC around the country, and we don’t mind leveraging these when it will help a client. If we can convince a university president to talk with us, we may be able to get you a reduced sanction or a new hearing. At a minimum, we can ask FSW to remove your offense from your transcript so it won’t follow you around for the rest of your career.
Trust the LLF National Law Firm With Your Appeal
Whether you’re entirely innocent or simply looking to get fair treatment from Florida SouthWestern State University, you owe it to yourself to continue the fight. The LLF National Law Firm’s Student Defense Team is here and