There's nothing quite as disheartening as being found responsible for a misconduct offense. If Texas State University (TSU) has slapped with a harsh sanction like suspension or dismissal, your situation may feel especially bleak.
Your case may not be over quite yet, though. You still have the right to appeal the hearing outcome, and that could be all you need to turn things around.
Further, you have the right to an advisor, someone to help you put your appeal together, and the right to select an attorney to fill this role. Make the most of this right by hiring someone from the Lento Law Firm. Why us? Our Student Defense Team was founded to protect students from misconduct charges. We've helped hundreds of students get back on their feet. We know the TSU system, including how to use judicial processes and procedures to your benefit, and we're experienced when it comes to filing appeals.
Don't wait to contact us, though. Texas State gives you just five days from the end of your hearing to file your appeal. That means you need to act quickly. 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 Texas State University
Here's the good news: an appeal is a relatively simple process, one that won't take you a lot of time. Basically, you write up the reasons why you think you deserve a new hearing, you back them with evidence from your original hearing, and you submit everything to the Vice President for Student Success. You are operating under a strict time limit, but there aren't a lot of steps involved.
The real challenge to an appeal is in adjusting your thinking. An appeal is not a chance to re-argue your case. It's a very different procedure from an investigation and a hearing. Your circumstances have changed dramatically at this point, and if you cannot wrap your brain around that change, your appeal is doomed before it even begins.
- First and foremost, you are no longer "innocent" of your offense. This might seem obvious, but it's sometimes hard to accept all the implications of this fact. Maybe the most important of these is that an appeal isn't a hearing. It's only a check on the system, an afterthought. That doesn't mean it's not important, and it doesn't mean you can't win. It does mean that the university isn't going to give your appeal the attention it gave to your hearing.
- You're also at a disadvantage now. Initially, TSU was obligated to treat you as innocent until proven guilty. In addition, the university had the burden in the case. If it couldn't prove your guilt to a preponderance of the evidence, it couldn't claim you were responsible. Now you've been found responsible. You're the party making the claim—that you didn't get a fair chance to make your case the first time around. Thus, the burden is on you to provide proof.
- You are not arguing your innocence at this point. In fact, the arguments you used at your original hearing are no longer relevant. You're looking for “grounds” for your appeal, specific reasons why you didn't get a fair shot to defend yourself before. TSU accepts only four grounds.
- New evidence has arisen that wasn't available before, and that could potentially alter the case outcome.
- The university has imposed a sanction that is disproportionate to your offense.
- The university failed to follow its own procedures during the hearing.
- The hearing outcome is not supported by a preponderance of the evidence.
- Your original case may have been decided by a panel or board. This time around, your fate rests in the hands of a single individual, the Vice President for Student Success, and their decision is final.
- There are no hearings in appeals cases at TSU. Your entire argument must be contained in a written document. That document must be clear and compelling, and your points must be well-supported with evidence.
- What counts as evidence has changed as well. Again, you're not arguing over your innocence. You're arguing over fairness. Unless you have some new piece of evidence to present, you must rely entirely on the record of the hearing.
- The VPSS cannot overturn your hearing outcome. They can affirm that outcome, modify your sanction, or order a new hearing. The very best you can hope for at this point is the chance to mount a new defense.
You aren't on your own as you put your appeal together, though. Your Lento Law Firm attorney will help you to get a grasp of the situation. In addition, they'll take care of all the heavy lifting involved in your appeal. They'll carefully review the record of your original hearing. They'll identify your strongest arguments. They'll draft the appeal itself and make sure it gets to the VPSS within the five-day deadline.
What's at Stake
Lots of students walk away at this point without filing an appeal, even if they know they're innocent of the charges. You've already lost a hearing. An appeal seems like a lot of effort with less chance of success than you had before.
There are two reasons you must keep fighting, though.
First, there's simply too much at stake to walk away now. Dismissal and suspension are hard enough, but both of these sanctions include a transcript notation about the nature of your offense. If you've been dismissed, that notation will likely keep you from enrolling anywhere else. You'll be headed to the job market without a degree. The situation isn't a lot better if you've been suspended. You can return to TSU and finish your degree, but you'll have to explain your suspension to every future employer.
The second reason to keep fighting? You can win. Plenty of students do. Colleges and universities aren't particularly adept at dispensing justice. In fact, they often do a very poor job of it. Faculty, students, and administrators aren't trained the way lawyers and judges are. They tend to let their biases and prejudices interfere with their ability to dispense justice. The appeals process exists to correct mistakes, and you should never be shy about using it to get a fair result.
One more thing: you've got a Lento Law Firm attorney on your side this time around, and that can make all the difference. We know how TSU operates. We also maintain close relationships with many Offices of General Counsel around the country—attorneys hired by schools to advise them on how to conduct their judicial affairs. As a result, we are in a unique position to offer advice on how to best use TSU's system to your advantage.
Fight for Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Texas 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.
