There are all kinds of reasons students don't consult attorneys before their disciplinary misconduct cases. Maybe you didn't think the judicial process would be all that complicated. Maybe you didn't expect the sanction to be all that severe. Maybe you were just worried that hiring an attorney would mean getting your parents involved in your case.
You are where you are. Don't make the same mistake again. An appeal doesn't seem like a complicated process on paper. It requires a large shift in your thinking, though. Plus, this is your last opportunity to get justice. Don't waste it.
The Lento Law Firm is the premier firm in the country when it comes to student representation. Our Student Defense Team has helped hundreds of students just like you fight all types of misconduct charges. We know how Oregon State's judicial system works, including how to file appeals, and we can show you how to use the system to your advantage.
We can help, but you must contact us quickly. OSU gives you just five 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.
The Oregon State University Appeals Process
Most students think they can handle a university investigation and hearing on their own. After all, you've seen enough Law and Order episodes, right? Often, they find that procedures are more complex than they expected.
An appeal, though, is a horse of a very different color. There's not a lot involved in the process—you write up your reasons for your appeal, you offer evidence, and you submit everything to the Student Community Standards office. The thing is, the "reasons" for an appeal are very different from the reasons you used to demonstrate your innocence. The evidence is different. The process is different.
- Let's start with your position. Before the hearing, OSU was required by its own policies to treat you as innocent. Now, however, you've been found guilty. You're presumed guilty, and that can be a difficult presumption to overcome.
- An appeal is not a chance to re-argue your case. If you offer up the same arguments you offered up in your hearing, the university will reject your appeal outright. Keep in mind: you're guilty. Arguments about your innocence are pointless. Instead, you need one or more arguments about how you were treated by the process. You need to be able to demonstrate that you were denied a fair chance to make your case. There are three options.
- Some procedural error occurred during the case, significant enough to have altered the outcome.
- Some new evidence has been uncovered since the hearing that could have a direct bearing on the outcome.
- The sanction imposed in the case is obviously disproportionate to the offense.
- Now that you've been found guilty of an offense, the balance in the case has shifted. You're now the accuser, and the university has the presumption of innocence. You must find a preponderance of evidence proving you were treated unfairly.
- If your case was serious, it may have been heard by an entire committee of decision-makers. Now, however, your fate rests in the hands of a single individual—the Vice Provost for Student Affairs.
- You will not have a chance to argue your case in person. All of your arguments and your evidence supporting those arguments must be contained in a written document.
- Unless new evidence has arisen since the hearing, all of your evidence must be drawn from the record of that hearing. Again, you're not trying to prove your innocence. You're trying to prove you were denied a fair hearing.
- The Vice Provost cannot overturn your responsible verdict. They have just three options: they can affirm that verdict, they can lessen the sanction, or they can order a new hearing—a new chance to present arguments for your innocence.
Your Lento Law Firm attorney's role in an appeal is to make sure you understand the process. In addition, they'll go over the record of the hearing, looking for grounds for your appeal. They'll also draft the appeal itself and make sure it's properly submitted.
What's at Stake
There's no getting around the fact that an appeal is a difficult procedure. You're facing an uphill battle at this point in the process. This is definitely a battle you can win, though. The whole reason you're allowed to appeal is because the judicial system makes mistakes. College and university systems make more than their fair share of mistakes. After all, they're not actually set up to dispense justice. No matter how smart faculty, administrators, and students may be, they don't have law school degrees. Students can and do win cases on appeal all the time...when they have the right help.
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 skill 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
Even if you lose your appeal, it may not be the end of your case. The Lento Law Firm knows some additional options for salvaging your academic future.
Like other colleges and universities, Oregon State maintains an Office of General Counsel. These are lawyers or entire law firms who provide the school with advice on legal matters. The Lento Law Firm maintains strong relationships with OGC across the country. We use these relationships to ensure we're always apprised of how schools' judicial systems work. Occasionally, we can also make use of these relationships to negotiate a settlement for our clients outside the bounds of the judicial system. Even if you've been found responsible for an offense, we may be able to convince OSU to set aside that outcome or, at a minimum, remove your offense from the official record.
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 simply looking to get fair treatment from Oregon 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 Lento Law Firm at 888-535-3686 or use our online form.
