We get it. SMU told you that under no circumstances may a student be represented during a misconduct investigation by an attorney. It's right there in the Student Code of Conduct. So, despite the fact that the entire process was overwhelming and confusing, despite the fact that you were facing a serious sanction, despite the fact that you wanted—and needed—someone on your side looking out for your rights, you went ahead and handled your defense on your own.
The unfortunate fact is that colleges and universities don't have to allow attorneys into campus hearings. The Lento Law Firm feels this is a serious violation of your due process rights, but we can't force schools like SMU to change their policies. You need to know this though: no one—no one—can prevent you from consulting with us about your misconduct case. From outlining your strategy, to uncovering evidence, to coaching you in presenting your arguments, we can play a crucial role in your defense even if we never step one foot on campus.
You still have the right to an appeal, and we're still here and ready to help.
You cannot afford to wait, though. From the moment you're notified of the hearing outcome, you have just five 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 Southern Methodist University
We won't sugarcoat the situation. An appeal can be an uphill battle. That doesn't mean you should give up. There's every reason to continue the fight, as we'll talk about in a bit. Things have changed from when you were initially charged with an offense, though, and it's important you understand where you are and where you're trying to go.
- SMU can't simply accuse students and slap them with a sanction. According to its own policies, it must afford you "due process." You have rights, beginning with the right to a presumption of innocence ("Not Responsible") and the right to a fair hearing. Or rather, you had those rights. Rightly or wrongly, you've now been found "Responsible" for an offense. That changes everything. Now, SMU assumes you are guilty. An appeal does give you an opportunity to challenge that assumption, but the burden is now on you to prove the university made some sort of mistake.
- “Mistake" in this context doesn't mean SMU got the verdict wrong. They very well may have, but you're not allowed to argue that at this point. You're only allowed to make arguments about the fairness of the process. You're looking for "grounds" for an appeal, and at SMU, there are only four possibilities:
- The hearing outcome was based on misinterpreted facts;
- Some procedural error occurred that cost you the chance at a fair hearing;
- Some new evidence has arisen since the hearing that could have had an impact on the outcome;
- The university has imposed a sanction that is disproportionate to the nature of your offense.
- Appeals at SMU are heard by the University Conduct Council. While the Council has the authority to hold hearings and accept oral arguments, decisions are normally made in closed-door sessions. You cannot count on using your presence and your voice to influence the outcome. You will not have a chance to call witnesses. In most cases, your arguments must be entirely contained in the written appeal itself.
- If you've uncovered new evidence since the hearing, you can use that to suggest you deserve a new hearing. Otherwise, though, your evidence must be drawn from the hearing record. You are not allowed to re-argue your original case. Your innocence is not relevant at this point. The only issue is whether or not you received a fair hearing.
- In fact, the Council will not consider the question of your innocence, and it cannot find you innocent. At best, it can either reduce the terms of your sanction or order a new hearing.
The Lento Law Firm attorney will work with you to adjust your thinking. They'll sit down with you and go over your entire case. They'll also carefully examine case records, looking for any possible grounds for appeal. If SMU officials made mistakes, you can be sure they'll find them. Then, they'll use your strongest arguments to construct an appeal that explains in clear, unimpeachable terms, exactly why you deserve a new chance to argue your innocence.
What's at Stake
An appeal is never a slam dunk. From a judicial perspective, you are at a disadvantage. There are at least two important reasons to file an appeal, though.
First, despite the fact that you are at a disadvantage, you can absolutely win your appeal. SMU is an educational institution. It is not set up to dispense justice, and when it must, it doesn't always do a great job at it. Physics professors are incredibly smart, but they're not trained in the law. They sometimes throw out crucial evidence. They allow irrelevant witnesses to give testimony. They may let their own prejudices color their decisions. These kinds of mistakes happen all the time. When they do, they entitle you to another chance to make your case.
Keep in mind as well that you have nothing to lose at this point by filing an appeal and everything to gain. If you've been dismissed from SMU, it means heading out onto the job market—and paying back student loans—without a college degree. You can't just transfer to another school at this point. Your transcript carries a notation explaining your offense. If you're facing suspension, your situation is somewhat better. You can return once you've served your suspension and finish your degree. That's easier said than done, though. You'll have a stigma attached to your name, you'll be out of the academic habits you're in now, and you may have to pay for courses out of pocket.
Finally, you have an advantage this time around—you've got the Lento Law Firm attorney on your side. We know your rights and how to protect them. We know how SMU judicial processes work and how to use them to your advantage. You're not alone, and that can make all the difference.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Southern Methodist 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 SMU 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.
