An appeal is your last shot at justice as a Santa Clara Student. You've endured an allegation, an investigation, and a hearing, but there are no more options after an appeal.
That means you need to get things right. There are all sorts of reasons you might have decided not to hire an attorney to represent you before. Lots of students don't expect university judicial processes to be all that complex. They don't expect sanctions to be serious. Campus hearings can be just as complicated as any courtroom, though, and it's never advisable to try and handle your case alone.
No matter what your situation, the Lento Law Firm's Student Defense Team represents your very best chance at a successful appeal and the chance to finish your degree at SCU. We're focused on protecting student rights. We know the law, and we know SCU policy. We've defended hundreds of students from all types of charges, and we can help you to do the same.
You cannot wait to contact us, though. SCU gives you just five days to file, and 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 Santa Clara University
We hear the word "appeal" all the time. Most of us don't know exactly what an appeal is, though. Yes, you're asking Santa Clara to review your case, and yes, you're hoping that a review will result in your case being "overturned."
Things are a little more complicated than this simple description implies, though.
For instance, even if your appeal succeeds, it won't mean you're "Not Responsible." At best, you'll have a chance to go through the hearing process all over again.
Here are some other things you need to know about appeals.
- It may seem obvious, but you are no longer innocent of ("Not Responsible for) your offense. That single fact has enormous implications on your strategy moving forward. For example, you no longer have the "presumption of innocence." That presumption meant you didn't have to prove you were innocent. Instead, the university had to prove you were guilty.
- In fact, the case at this point isn't even about your guilt or innocence. That's been decided. Appeals are about whether or not you were treated fairly during the process. It's important you reorient your thinking to "fairness" as the goal.
- For instance, you cannot fill your appeal with arguments that you are innocent. You cannot point to evidence you've already submitted or witness testimony that's already been given and re-argue your original case. Your arguments must be about fairness, and there aren't many to choose from. SCU recognizes just four.
- You've been assigned a sanction that is grossly disproportionate to the nature of your offense.
- The university didn't follow its own procedures in conducting your hearing.
- Previously unknown information has come to light that could alter the hearing outcome.
- The hearing decision is not supported by a “preponderance” of evidence.
- Given the nature of the arguments, the Appeals Board does not normally hold hearings. That means your writing must be both clear and compelling since the appeal itself is the only chance you'll get to make your arguments.
- Unless you have new evidence, you are limited to backing your arguments with material from the original hearing transcript. Even if you have new evidence, you won't argue that it proves your innocence but rather that you deserve a chance to present it at a new hearing.
- And again, the Appeals Board has just three options—affirm the original decision, reduce your sanction, or remand the case for a new hearing. The Board cannot simply overturn the hearing outcome.
How does the Lento Law Firm attorney help with all of this? First, they'll make sure you're clear on exactly what is going to happen. Then, they'll sit down with you and go over your entire case. They'll also review the record of the original hearing, looking for grounds for your appeal. They'll put together your very best arguments and draft an appeal that gives you your very best chance of success.
What's at Stake
If you've been paying attention so far, an appeal probably sounds like a daunting prospect. You've exhausted many of your due process rights, and you're the underdog at this point. That doesn't mean you should give up. The fact is, you can't afford to give up. And despite the odds, you have every possibility of winning.
If you've been dismissed, you can't simply transfer to another school. Your transcript will now include a notation explaining your offense. Very few colleges and universities are willing to accept a student with that kind of record. You can, of course, return from a suspension and complete your degree. Most students don't, though. You'll face the stigma of your offense, and you may have lost your financial aid. Plus, even if you do eventually graduate, you'll have to deal with your transcript notation at every job interview.
More importantly, though, students can and do win appeals all the time. You can, too. Santa Clara is an educational institution. It does a great job of teaching subjects like biology, English, and statistics. It's not quite as good at dispensing justice. When asked to preside over weighty judicial issues, professors make mistakes, sometimes lots of mistakes. The appeals process exists to correct those mistakes, but it only works if you take advantage of it.
Finally, remember that you're not alone this time around. The Lento Law Firm attorney will help you put your appeal together, and they'll ensure you're treated fairly. You have rights. We'll show you how to use them.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Santa Clara 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.
