You're probably pretty frustrated with Penn State right now and the entire Penn State judicial system. You were charged with an offense, investigated, and adjudicated. You were ultimately found Responsible, whether or not you actually were Responsible, and now you're facing a serious penalty—suspension perhaps, or even dismissal. You're feeling mistreated. You're exhausted. The last thing you want to think about is appealing your case.
Accepting the outcome, though, could potentially change the course of your life. And there's absolutely nothing to lose by continuing the fight. At the LLF Law Firm, we've been at this a long time, long enough to know that students can and do win appeals. You face an uphill battle. As you well know, university processes and procedures can be complicated and difficult to navigate. You don't want to keep fighting on your own. After all, where has that gotten you? You do want to keep fighting, though.
The LLF Law Firm's Student Defense Team was founded to...well, to defend students. We know your rights, both under the law and under Penn State Policy, and we know how to use those rights to get you the very best possible resolution to your case.
You can find out more by calling 888-535-3686. You can also use our online questionnaire to tell us more about your case. Don't wait, though. Your appeal must be submitted within five business days. That's not a lot of time to put the pieces together.
What's At Stake?
Need more motivation to file your appeal? Consider just what's at stake.
Suspension means time away from school, and it's always difficult to return once you've been away. Plenty of students have been suspended from Penn State and never returned. Of course, if you've been dismissed, you're in an even more difficult position. You can't return at all. In either instance, you'll also have a notation on your transcript describing the exact nature of your offense. That can keep you from transferring to another school and could even serve as a significant factor in what kind of job you get out of college.
You simply can't afford to walk away now. You have to continue the fight.
The Appeals Process at Penn State
We won't sugarcoat the situation, though. You know how hard your original hearing was. The appeals process can involve some significant challenges as well.
Let's start with the fact that—right or wrong—you were proven guilty in a university hearing. At that original hearing, you were Not Responsible (innocent) until proven Responsible (guilty). Penn State bore all the burden in the case. That's no longer true. The burden now rests with you.
You're not arguing over your guilt or innocence anymore, either. There are dozens of ways to defend your innocence, from offering up an alibi to poking holes in Penn State's evidence. Appeals, on the other hand, are about fairness: whether or not Penn State treated you fairly during the investigation and hearing. There are only three potential arguments, or "grounds," now:
- Some procedural irregularity occurred, including the possibility of bias, significant enough to have affected the outcome.
- Some new information that wasn't previously available has come to light that could have altered the outcome.
- The sanctions imposed are inappropriate to the nature of the offense.
Next, you must convince the Senior Director of Student Accountability and Conflict Response that your appeal has merit, that you've filled out the appropriate forms, and that you've included the necessary evidence.
At that point, your file will be forwarded to an appeals officer. In contrast to your original hearing:
- You do not have the right to make your case before this Appeals Officer. They may never even meet you. Your entire defense rests on the strength of your written document.
- Unless you've discovered new evidence, the Appeals Officer will not consider any evidence other than the record of the original hearing. Remember, it's not your guilt or innocence that's at issue; it's whether or not the hearing was fair.
- Should you "win" at this point, it does not exonerate you. The Appeals Officer could lessen your sanction, or they could order a new hearing. In that case, you would be back to defending your innocence all over again, though you would have an LLF Law Firm attorney on your side this time around.
None of this is meant to suggest that you shouldn't appeal your case. As we've made clear already, you virtually have to appeal. It is to suggest that you shouldn't try to "go it alone" with your appeal. Your LLF Law Firm attorney provides you with a new perspective on the case. Often, we find new approaches our clients haven't yet considered. Your attorney will look for new evidence and comb through the hearing record to find evidence of procedural error. They'll draft the contents of your appeal and make sure you submit a clear, compelling document. Most importantly, they'll monitor your case to ensure Penn State respects your rights and can afford you a fair outcome.
Fight For Your Future
Here's one more reason to file an appeal: you have every chance of success. You're used to seeing your professors as essentially infallible, and they may be in the context of their subjects—chemistry, English, calculus, geology. They're not trained in the law, though. When they preside over judicial cases, they make mistakes, sometimes a lot of mistakes. The whole reason the right to appeal exists at Penn State is to correct those sorts of mistakes. You deserve justice. Keep fighting for it.
We can help. No one knows the system like we do. No one is better positioned to leverage the system to your benefit. And no one is more invested in your success than the attorneys who work as part of the LLF Law Firm's Student Defense Team.
We said it before, though: you cannot afford to wait. The window for filing your appeal at Penn State is just five business days. Get started now. Contact the LLF Law Firm at 888-535-3686 or use our online form.
