You've been found responsible for a misconduct offense at Northern Arizona University. If you've found your way here, that means you're probably facing a serious sanction—suspension or dismissal. Your case isn't over just yet, though. You still have a chance to file an appeal, and that can ultimately result in a new hearing and a new outcome.
An appeal is a reasonably straightforward process—on paper. Your situation has changed, though, and it's not always easy to grasp the subtle difference between a hearing and an appeal. If you want the best chance of success, you need help from someone who understands how NAU's judicial system operates.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We know what you're up against, and we're dedicated to getting you the best possible outcome. We've worked on hundreds of misconduct cases, and we know what to expect. Most importantly, we're always on your side, whatever your particular situation.
We can help, but you must contact us quickly. NAU gives you just ten business days from the end of your hearing to file your appeal. That's not much time to put an appeal together. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Filing an Appeal at Northern Arizona University
We've used the word “appeal” several times already, but at NAU, an “appeal” is not an appeal. Initially, cases are decided by the Dean of Students after they've conducted an investigation. An “appeal” is a request to present your case to a full Hearing Board.
You do still have the right to raise questions about the outcome of the “appeal.” At NAU, though, this is known as a “review.” The important thing to remember about a review is that it is not a chance to re-argue your case. It is not a chance to complain about the outcome. A review is a very specific judicial procedure, and if you don't clearly understand its purpose, you've very little chance of success.
- In the beginning, you were entitled to a presumption of innocence (“not responsible”). The university bore the “burden” of the case, meaning it had to come up with a “preponderance of evidence” in order to prove you were responsible for the offense. While you may disagree with the outcome of your case, you have been found responsible, and continuing to argue that you are innocent at this point will only be counter-productive.
- Instead, you must now shift to arguments about fairness. The only “grounds” for an appeal are issues of fair treatment. That is, did you have a reasonable opportunity to make your case at the hearing. NAU only recognizes four possible grounds.
- There were procedural irregularities that prevented you from receiving a just outcome.
- New evidence has arisen that was not available at the time of the original hearing, and that could potentially have affected the outcome.
- The sanction imposed is disproportionate to the nature of the offense.
- The outcome of the case was not based on sufficient evidence.
- The roles in the case have reversed. You are now the one leveling the allegation. The school is now the respondent. Crucially, the school is presumed innocent, and you now bear the burden of proving otherwise.
- The original hearing took place before a three-member panel. Now, a single official—the university's Chief of Staff—is solely responsible for the outcome.
- There are no hearings in appeals cases. Your entire case must be contained in a written document.
- Unless you have previously unknown evidence to present, all of your evidence must be drawn from the record of the original hearing.
- In no case can the Chief of Staff find you “not responsible.” They can affirm the original hearing decision, they can issue a lesser sanction, or they can order a new hearing.
The moment you contact the Lento Law Firm, your attorney will sit down with you and go over the entire case. In particular, they'll carefully examine the record of the original hearing, looking for grounds for your review. Once they've identified such grounds, they'll draft the review request and make sure it is filed within the ten-day deadline.
What's at Stake
As the above review of the process suggests, there are a lot of factors working against you at this point. Keep in mind, however, that the appeals process exists for a reason. You deserve fair treatment and the opportunity for a just resolution. Unfortunately, colleges and universities make a lot of mistakes when it comes to campus justice. This makes sense. A school's mission is education. Faculty, administration, and students are great at that mission. They're not quite as good when it comes to establishing and adhering to judicial procedure. The bottom line is that you can win a new hearing through appeal. Lots of students do this every year.
Why does it matter so much? Obviously, suspension represents a serious delay in completing your education. In fact, many students never return once they've left school. Dismissal is a direct threat to your education. And in both cases, your transcript will carry a record of your offense. That can play a huge role in your ability to find a job coming out of college.
With so much at stake, you can't try to take on an appeal yourself. You can't just ask your roommate to look over your arguments. Even a local attorney won't have the skills to protect you. Only a Lento Law Firm attorney can help guide you through the process and ensure you put forward arguments that are both clear and compelling.
An Additional Option
One last note. Even if you should lose your appeal, your Lento Law Firm attorney may be able to help you get justice in your case.
NAU—every college and university—maintains an Office of General Counsel. These are attorneys who provide advice on weighty legal matters. In fact, they're usually the ones responsible for designing a school's judicial process in the first place. Lento Law Firm attorneys have relationships with OGC throughout the US. We rely on these relationships to help us protect your rights. In addition, we can sometimes make direct use of these relationships to negotiate a settlement outside the bounds of the university's judicial process. It may be possible, for instance, to convince a school to set aside a responsible verdict or to uphold that verdict but remove it from your transcript.
Only the Lento Law Firm works specifically in the field of student misconduct, and only we know how to make use of a school's OGC.
Fighting For Your Future
Whether you're entirely innocent or just looking to get fair treatment from Northern Arizona 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.
