Far too often, students accused of disciplinary misconduct make the mistake of believing that campus judicial procedures are simple and straightforward. They don't want to involve their parents, and they assume the worst that can happen is probation or maybe the loss of some university privileges. Even when a school like Florida State gives them the right to full representation by an attorney, they choose to handle cases on their own.
The fact is that campus judicial cases can often be far more complex than criminal defenses, and penalties can be severe. If you've been found Responsible for (guilty of) an offense, you're likely facing suspension or even dismissal.
An appeal is your last chance to get justice. Make the most of it.
The Lento Law Firm's Student Defense Team was founded to protect student rights, and we take student disciplinary cases seriously. We know how Florida State's processes and procedures work, including what's involved in filing appeals. We also maintain close relationships with Offices of General Counsel for colleges and universities across the country. These are law firms and attorneys that counsel schools on legal questions, so we have unique insight into what makes for the best defense strategies. Most importantly, we're always on your side and ready to fight to get you a fair and just outcome.
You absolutely cannot wait to contact us, though. FSU gives you just five days to file your appeal. There's a lot to get done in that short timeframe. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at Florida State University
Most students assume an appeal is a chance to re-argue their case. Your case has already been decided, though, and you don't get a do-over. An appeal is a check on the system. It's there to ensure that you are treated fairly throughout the process. Everything is different now, and if you don't take that into account, your appeal is doomed before you even submit it.
Here's what you need to know before you get started.
- You are no longer “innocent.” To this point, you've been presumed “Not Responsible,” and the burden to prove you “Responsible” rested squarely on FSU. The roles are reversed now. The university has the presumption of innocence, and the burden is on you to prove you were mistreated in some significant way.
- You must get out of the mindset of proving your innocence. Your innocence is not at stake in an appeal. Appeals are about very specific issues of fairness. You're looking for "grounds" for your appeal, reasons why you deserve another chance to make your case. FSU recognizes just five grounds:
- A procedural error in how the case was conducted;
- Bias on the part of one or more decision-makers;
- A finding not supported by the evidence;
- A sanction more severe than the offense warrants;
- The discovery of new evidence.
- Your original case was likely decided by a committee of decision-makers. Only a majority decision could result in a Responsible verdict. This time around, a single Appellate Administrator has sole authority to decide your case.
- You will have no opportunity to address the Appellate Administrator in person. You must make your entire case in writing.
- Unless new evidence has come to light, you may only rely on the hearing record as evidence. Even if you have uncovered new evidence, you cannot use it to argue your innocence. Instead, you use it to demonstrate that you deserve a new chance to present your case.
- Ultimately, the Appellate Administrator cannot decide you are innocent. They have just three options. They can reaffirm the hearing outcome, alter the terms of your sanction, or order a new hearing.
The Lento Law Firm attorney will know exactly what's required. We've filed hundreds of appeals. The moment you contact us, we'll review the history of your case, including the record of your hearing, looking for grounds for appeal. If they exist, we'll find them. We'll also draft a written document that is both clear and compelling, one that gives you your best chance of success.
What's at Stake
An appeal isn't just a complex procedure. Let's be clear: you're facing an uphill battle. This is a battle you must fight, though.
If you're facing dismissal, it's not just the end of your career at FSU. You can't transfer your way out of this problem. Colleges and universities just don't accept students who have already been dismissed elsewhere. You're looking at a career with no college degree.
If you're facing suspension, you can, of course, return to the university once you've served that suspension. However, most students never return or, if they do, don't manage to finish. Once you've been out in the world, it's not easy to come back to academia. In addition, your offense will show up on your transcript, and that can cost you job opportunities.
For all the challenges appeals present, though, you can win. Campus cases aren't tried by seasoned prosecutors. They aren't decided by judges with law degrees and years of experience on the bench. They're run by chemistry professors, English T.A.s, and fourth-year drama majors. Those people may be bright, but they're not trained in the law, and they make mistakes. Lots of mistakes. Students can and do win appeals all the time.
Keep in mind as well that this time around, you're not alone. The Lento Law Firm's Student Defense Team is on your side. This isn't our first rodeo. We are the premier team in the country when it comes to protecting student rights. We understand the stakes, and we know exactly what's required in this fight.
Fight For Your Future
You deserve justice. You have a right to justice. The Lento Law Firm's Student Defense Team can promise you that we will fight hard to get you that justice. We're here to protect your rights and to make sure you get the best possible resolution to your case.
As we said in the beginning, though, you cannot afford to wait. Five days is not long to put together a strong appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
