What do you do if you’ve lost your misconduct hearing at Oklahoma State and you’ve been suspended or, worse, dismissed? You don’t just walk away. That may be tempting. You’ve been through a lot to this point, and you’re probably feeling pretty let down by the OSU disciplinary system. You still have the right to file an appeal, though, and it’s a right you must exercise.
We can help. Who are we? We’re the LLF National Law Firm’s Student Defense Team, and we exist to protect student rights. We’ve been at this a long time, long enough to know how all of OSU’s policies and procedures work, including how to file an appeal. Long enough to have picked up a few extra tips and tricks that we’re ready to use in your defense. We’re always on your side and ready to help.
It’s important you act quickly, though. OSU allows you just ten days from the end of your hearing to file. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The Appeals Process at OSU
Appeals are an essential part of the disciplinary process at OSU, and you have every right to take advantage of your right to file one. Before you undertake one, though, you need to know exactly what you’re getting into.
- You must shift your thinking. During the investigation and hearing, you were arguing for your innocence. You can’t do that anymore. The reason is simple: in the context of the OSU disciplinary system, you’re now guilty (responsible). That means you need an entirely new approach.
- The first part of that new approach is coming up with new arguments. These are known as “grounds” for your appeal. They’re not about innocence; they’re about fairness—the question of whether you had a fair chance to make your case at the hearing. There are only three options.
- You can argue that the Office of Student Conduct committed some sort of procedural error serious enough to have affected the case outcome.
- You can present some new piece of evidence discovered since the hearing that might have altered the outcome had you known about it.
- You can argue that the sanction the university has imposed is disproportionate to the nature of the offense.
- You’re also playing a new role in the disciplinary system this time. You’re not the “respondent” (the accused). That role came with some important rights, like a presumption of innocence. This time, the university is the respondent. It has the presumption of innocence, and you have the “burden” of providing a preponderance of evidence to overcome that presumption.
- You must change the way you prepare your arguments and evidence. You won’t have a hearing this time around. Everything about your case must be contained in a single document. That means your writing must be clear and compelling since you won’t have the chance to explain anything in person.
- You must change your approach to evidence. You’re no longer looking for evidence of your innocence, and you cannot rely on the evidence you used before. You’re arguing you deserve a new hearing, and your evidence must be to prove you were denied a chance at a fair hearing the first time.
- In keeping with your situation, you must also accept that you’re not going to overturn your case with an appeal. Appeals aren’t about innocence. Your best hope is that you’ll have a chance to start over and defend yourself at a hearing again.
Your LLF National Law Firm attorney can help you with every aspect of your case. We’ll make sure you understand the process. In addition, we’ll help you identify clear grounds for your appeal, and we’ll draft the appeal itself. Most importantly, we’ll ensure the university respects your due process rights and treats you fairly throughout the process.
Why You Can’t Give Up
As stressful as the original investigation and hearing were, as exhausted and defeated as you may feel at this point, you can’t stop fighting now.
For one thing, the stakes are simply too high. If you’ve been suspended, that means separation from the university, an interruption to your studies, and the loss of progress and momentum. It can be tough coming back after time away. Your cohort will have moved on, and you’ll be out of the habit of attending classes, studying, and writing papers. You may also have lost your financial aid as a result of your offense.
Dismissal is even more serious. Not only will you be leaving OSU permanently, but you’ll have a nasty transcript notation about your offense to deal with. This probably means you can’t just transfer to a new school and start over. Most likely, you’ll be forced to find a job without a college degree.
There’s another important reason to keep fighting, though: you can win. Plenty of students gain a new chance to defend themselves on appeal. You have to remember that OSU’s disciplinary system is the same as the criminal justice system. It’s not run by career professionals with judicial backgrounds. It’s run by chemistry professors, English TAs, and fourth-year engineering students. All of those people are smart, but their experience with the law is low to non-existent. They make mistakes, and when they do, you shouldn’t be shy about calling them to account for it. You deserve justice, and an appeal is designed to help you get it.
The Office of General Counsel
If your appeal should fail, there is yet one more approach your LLF National Law Firm attorney can try—negotiating directly with the OSU administration. Keep in mind, though, that not every attorney out there has the connections to initiate such negotiations.
As we mentioned earlier, we’ve been at this a long time. One consequence of our experience is that we’ve developed relationships with several Offices of General Counsel around the country. These are attorneys universities hire to provide them with legal advice on a range of issues, and they carry enormous weight in the hallowed halls of campus. They help keep us up to date on disciplinary procedures. They also allow us to open negotiations when all other avenues have failed.
What Can We Do For You?
Whether you’re entirely innocent or simply looking to get fair treatment from Oklahoma State 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 LLF National Law Firm at 888-535-3686 or use our online form.