Losing a disciplinary hearing can feel like a punch in the gut. We get it. You endure an investigation, and you carefully prepare a defense only to be found responsible and slapped with a sanction like suspension or dismissal. At this point, an appeal can seem like an impossible mountain to climb.
You do still have the right to file an appeal, though, and it's crucial to your future that you take full advantage of this right. You don't want to go through the process alone, though.
Whatever your situation, the Lento Law Firm is always on your side and ready to help. Our Student Defense Team was founded to protect student rights, and we take our jobs very seriously. Our attorneys know Ohio University's rules and regulations, and we know how the disciplinary system operates, including how to file appeals. We've helped hundreds of students defend themselves from all types of charges, and we can help you do the same.
You must contact us quickly, though. Ohio University gives you just five business days from the end of your hearing to file an appeal. That's not much time to reorient your case. 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 Ohio University
An appeal is not like an investigation, and it's not like a hearing. It's a very specific procedure designed to serve as a check on the system. You need new arguments; you need new evidence. If you can't shift your thinking in new directions, your case is doomed before it begins.
- Rightly or wrongly, the university has found you responsible for (guilty of) an offense. That changes everything. In the beginning, you were the accused, and you were entitled to a presumption of "not responsible (innocence). The burden of presenting evidence fell on the school. The situation is now reversed. You are accusing the university of denying you a fair chance to make your case. The university has the presumption of innocence; you have the burden of presenting evidence.
- An appeal is not about your guilt or innocence. That's been decided, at least for the moment. Simply restating the arguments you used in your original hearing won't work. Instead, you need "grounds" for your appeal, some argument about the way you were treated during the process. There are three possibilities.
- The sanction applied in the case is disproportionate to the offense.
- The university committed a procedural error that interfered with your right to a fair hearing.
- Some official—the Dean, the Hearing Officer—had an unfair bias against you.
- Some new evidence has arisen that could potentially alter the hearing outcome.
- There are no hearings in appeals cases. The University Appeal Board makes its decision in private using only your written appeal. That means this document must be thorough, with compelling arguments and solid evidence. You will not have the opportunity to explain things in person.
- You cannot introduce any new evidence unless you've discovered new material since the end of your hearing. Instead, all of your points must be backed up with references to the hearing.
- The Appeal Board cannot overturn your responsible finding. It has just three options: affirm the hearing outcome, reduce the terms of your sanction, or order a new hearing.
As we mentioned, you don't have a lot of time to file your appeal at Ohio University. The moment you contact the Lento Law Firm, your attorney will begin working to identify grounds for an appeal. They'll review the entire case with you, paying special attention to the record of the original hearing. In addition, they'll draft the appeal itself, ensuring it is clear and well-supported. Finally, you can be sure they'll monitor everything that happens to ensure that you're treated fairly and that you get the best possible resolution to your case.
Keep Fighting
Let's go back to that original question: why exactly, after everything you've been through to this point, would you want to file an appeal? There are three reasons.
First, you simply cannot afford to be either suspended or dismissed from Ohio University. Dismissal, of course, means leaving school altogether, giving up any progress you've made, and saying goodbye to the campus community you've formed around you. In addition, you'll have a transcript notation to deal with. That means transferring probably isn't an option. You'll be out on the job market without a degree.
Suspension is somewhat better. You can return to the university and graduate, though most students find it hard to do this. It's not easy going back to class once you've been out on the job market, and you may have lost your financial aid as a result of your offense. Even if you do manage to earn your diploma, though, you'll still have that transcript notation following you around for the rest of your career.
The second reason to keep fighting? You can win. Lots of students win their cases on appeal. The fact is, a university investigation and hearing are not the same as a criminal court case. You're not being prosecuted by a legally trained attorney. Your case isn't heard by a learned judge. You're dealing with faculty and administrators. Mistakes are common, and when they occur, you absolutely have the right to demand a new hearing.
The third reason to keep fighting? That's easy. This time around, you have a Lento Law Firm attorney on your side. No one gives you a better chance of success.
One Last Option
In fact, a Lento Law Firm attorney may be able to help you in another important way. Even if you should lose your appeal, there may be the possibility of negotiating directly with the Ohio University administration.
Like all colleges and universities, Ohio University maintains an Office of General Counsel (OGC). These are attorneys hired to provide the school with advice on legal matters, and they carry enormous weight with administrators. The Lento Law Firm maintains relationships with OGC around the country. We rely on these relationships to keep us informed about how university disciplinary processes operate. We can also sometimes use them to negotiate a settlement for our clients outside the normal disciplinary channels. In the past, we have convinced schools to lessen client sanctions, remove transcript notations, and even throw out findings entirely.
Only the Lento Law Firm can offer this service because only the Lento Law Firm works so extensively in the field of student defense.
How Can the Lento Law Firm Help?
Whether you're entirely innocent or simply looking to get fair treatment from Ohio 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.
