Illinois Tech gives students accused of misconduct a number of important due process rights. One of the most important of these is the right to bring an advisor of your choice to meetings and official proceedings. However, IIT policies clearly state that advisors cannot speak for or "represent" you. Their job is solely to be on hand and offer advice and support.
Lots of students just assume that if an attorney can't represent them, there's no point in hiring one. The reality, though, is that most of what attorneys do happens behind the scenes. That's especially true if you're in the appeals phase of your case. You won't have the opportunity to make your arguments in person during a hearing. Everything—arguments and evidence—must be contained in a written document
No one is better equipped to defend students than the attorneys at the Lento Law Firm, and we don't have to step one foot on campus to be able to protect you. Our Student Defense Team can help you develop your arguments, work with you to uncover evidence, and even draft your appeal. We're focused on student rights, and we've helped hundreds of students just like you to get the justice they deserve.
It's important you contact us as soon as possible, though. Illinois Tech gives you just five calendar days to file your appeal, and there's a lot to be done. 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 Illinois Institute of Technology
It can be difficult to adjust your thinking as you move from an investigation to a hearing to an appeal. Each of these processes presents its own challenges, and each requires a different mindset.
Appeals can be especially tricky because the playing field has shifted dramatically. Here are some of the differences you need to consider if you're planning to file an ITT appeal.
- First and foremost, you no longer have the presumption of innocence. That may not sound like a big deal, but it is. When your case began, ITT had to treat you in all ways as though you were innocent. You had the benefit of the doubt, and only definitive evidence could convict you. In legal terms, the school had the "burden" of proof. That burden now rests with you. Rightly or wrongly, you've been proven guilty ("Responsible"), and the assumption now is that you were given a fair chance to defend yourself. In order to win an appeal, you must be able to definitively prove that you were mistreated in some way during the process. ITT now has the benefit of the doubt.
- When we talk about “proving” that you were “mistreated,” we don't simply mean re-arguing your case to try to demonstrate that ITT got the verdict wrong. “Mistreatment” means something very particular in a justice system. At ITT, there are only three types of mistreatment you can argue, three “grounds” for appeal.
- The school didn't follow correct procedures in investigating and adjudicating your case, and those errors cost you a chance at a fair hearing.
- Some new evidence has arisen that could potentially alter the outcome of the case.
- The sanction you've been given is disproportionate to the nature of the offense.
- Along with a change in the kinds of arguments you can present, there's also a significant change in the kinds of evidence the Appeals Officer (in this case, the Vice Provost) will accept. Unless you've discovered new evidence, you are only allowed to use the record of the original hearing as proof to back your arguments.
- The Appeals Officer won't meet with you in person. The entirety of your case must be contained in your written appeal. This means this document must be both clear and compelling.
- Even if you should win your appeal, you aren't simply "free to go." The Appeals Officer has three options:
- Affirm the original hearing decision;
- Reduce your sanction;
- Overturn the original decision, in which case you must undergo a new hearing.
While this process is relatively straightforward—write up an appeal, file it, and wait for a decision—it is far from simple. You must have clear grounds drawn from the record of the hearing. It's not always easy to uncover such grounds. Likewise, the appeal itself can be difficult to write. This is why it's never a good idea to try and defend yourself from charges.
The Lento Law Firm is experienced, and we know exactly what appeals officers are looking for. No matter what your situation, you can trust the Lento Law Firm attorney to guide you through the entire appeals process and make sure you get the very best possible resolution to your case.
What's at Stake
An appeal can be a daunting prospect, especially after you've already been through an investigation and hearing and lost. It's crucial that you continue to fight, though, and you put your very best effort into crafting your defense.
There's far too much at risk not to fight at this point. If you're looking to appeal your case, it likely means that you're facing a serious sanction, like suspension or dismissal. Dismissal, of course, means having to leave Illinois Tech and the academic progress you've made here behind. It could also mean that you have to head onto the job market with no degree at all. You can't simply transfer your way out of this problem. Very few schools will take a chance on admitting a student who has already been dismissed elsewhere.
A suspension is less severe than dismissal, but it comes with its own challenges. It's never easy returning to school after time away. And even if you should manage to earn your degree, you'll still have to explain your misconduct to any future employers.
You also need to remember that you can win your appeal. The playing field is slanted now, but you have one important fact going for you: colleges and universities make mistakes all the time. The thing is, ITT is set up to dispense knowledge, not justice. When you ask chemistry professors and third-year mechanical engineering students to preside over hearings, you can never tell just what might happen. You only need to uncover one mistake to convince the Appeals Officer you deserve a new hearing. Students can and do win appeals all the time.
Finally, keep in mind that you're not doing this on your own. The Lento Law Firm attorney is well-versed in ITT's judicial procedures. In addition, they frequently work with Offices of General Counsel—attorneys and firms that offer advice to universities. As a result, they know what makes for the most persuasive arguments. In some cases, they may even be able to negotiate an individualized settlement with ITT through the school's OGC.
Fight For Your Future
Of course, the Lento Law Firm cannot guarantee to win your appeal. No one can do that. At this point, you've exhausted a number of your most important rights. The appeals process at Illinois Tech exists for a reason, though. You deserve justice, and what the Lento Law Firm's Student Defense Team can promise you is that they will fight hard to get you that justice. They'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. Ten 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.
