Students charged with misconduct offenses often assume they can handle the situation on their own. They're sure a university defense is no big deal, and any punishments will be light. Plus, they're usually reticent to involve their parents.
The thing is, San Jose State University gives you the right to consult with an attorney, and there's a reason it does this. Misconduct cases can be complex, and often, there's an enormous amount on the line. These days, universities impose harsh penalties like suspension and dismissal, even for minor offenses.
Whatever the reason you decided not to contact an attorney, you're here now, and that's what matters most. There is still time to defend yourself and to stave off the threat of suspension or dismissal. The Lento Law Firm's Student Defense Team was founded to protect student rights. We know how SJSU judicial procedures work, including what's involved in filing appeals. And we're on your side no matter what.
It's important you contact us immediately, though. From the moment you're notified of the hearing outcome, you have just ten business days to file your appeal. That's not a lot of time to prepare 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 San Jose State University
The appeals process at San Jose State seems deceptively simple. You write the appeal; you file the appeal. Hopefully, though, by this point, you recognize that university disciplinary processes are never as simple as they seem.
The trick is to shift the way you think about your case. Up to now, you've been arguing about your innocence. Appeals have a fundamentally different goal.
- Whether it's true or not, on paper, at least, you're now guilty of the offense with which you were charged. An appeal is not a chance to re-argue the case or to present new evidence of your innocence.
- Appeals are about whether or not you had a fair opportunity to defend yourself. In fact, there are only four arguments that are open to you now.
- You can argue that some procedural error occurred that cost you a reasonable chance to make your case.
- You can argue that new evidence has arisen since the end of your hearing and that evidence could potentially alter the case outcome.
- You can argue that the hearing decision isn't supported by the weight of the evidence.
- You can argue that the sanction the university has assigned isn't proportionate to the nature of your offense.
- It's not just the nature of the arguments that has changed, though. The burden in the case has shifted as well. Originally, you had the presumption of innocence ("Not Responsible"). You may have offered some evidence of your innocence, but you didn't need to. That was taken for granted. SJSU needed to prove you were Responsible (guilty) to overcome that presumption. Now, you've been found Responsible, and the presumption is that the verdict is correct. The burden rests on you to prove that the university treated you unfairly in some way.
- In keeping with your new goal, you must also look for new kinds of evidence. You cannot simply re-present the evidence from your original case. You're looking for proof that you were denied a fair hearing. Usually, that means all your proof must come from the record of the original hearing.
- The best you can hope for from an appeal is the chance to start over and present your case at a new hearing. The appellate officer can reduce the terms of your sanction or order a new hearing. Otherwise, their only option is to affirm the original decision.
Your primary role in the appeals process is to re-orient your thinking. Meanwhile, your Lento Law Firm attorney will take care of the appeal itself. They'll sit down with you and go over your entire case. They'll devote considerable attention to the record of your original case, looking for any grounds for your appeal. They'll identify your strongest arguments, and they'll put together a compelling written document that sets out your case in clear language.
What's at Stake
There are no guarantees when it comes to campus justice. Keep in mind, though, that you have nothing to lose at this point.
If you've been dismissed from SJSU, that means giving up all the progress you've made academically. It means walking away from your community, from all of the friends and relationships you've developed. All of that is traumatic enough. In addition, though, dismissal includes a transcript notation describing the nature of your offense. That will likely prevent you from enrolling at another college or university. You'll be headed onto the job market with no degree whatsoever.
Suspension is somewhat less harsh. It can be hard returning from a suspension, though. Once you've been away from school, it's sometimes tough getting up for classes in the morning. You may be dealing with the stigma of your offense. You may also have lost your financial aid as a result of your offense. Plus, even if you should manage to finish your degree, you'll also have a transcript notation to worry about.
Perhaps more importantly, you can win your appeal. In fact, a healthy percentage of students do. The fact is that colleges and universities aren't really set up to dispense justice, and often, they do a very poor job of it. Faculty, administrators, and students aren't trained in judicial procedures. They deny evidence when they shouldn't. They let their biases dictate their decisions. They make mistakes. When they do, you have every right to call them on it and to demand justice.
The Lento Law Firm is here to help you do that. You're not going into this fight alone. We know what to expect, and we can make sure you put forward your most compelling case.
Fight for Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from San Jose 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.
