If you were charged with some form of misconduct at Texas Tech and wound up losing your case, you may be looking to file an appeal. Don't try to file on your own. An appeal may seem like a relatively straightforward procedure, but it requires a significant change in how you think about your case. With so much on the line—maybe even your entire academic future—you want to make sure you do it right.
Texas Tech gives you the right to consult with an attorney as part of your misconduct case. Make the most of that right. A local or family attorney won't do. You need someone with experience handling campus misconduct cases--someone who understands the unique complexities of Texas Tech's judicial system. You need someone from the Lento Law Firm.
Our Student Defense Team was founded to protect student rights, and we'll use every resource at our disposal to make sure you get the best possible resolution to your case. We're particularly skilled with appeals and can show you how to use rules and procedures to your benefit.
You cannot afford to wait to contact us, though. From the moment you're notified of the hearing outcome, you have just three 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 Texas Tech University
The investigation and hearing you endured at Texas Tech were both complex. There are numerous rules, both written and unwritten, that govern how you should conduct yourself during meetings and proceedings.
The Texas Tech appeals process is much more straightforward. All that's required is writing and submitting the appeal itself. However, it's crucial that you understand that an appeal is very different from both an investigation and a hearing, and it requires a very different approach. Adjusting your thinking can be the real challenge at this point.
- No one needs to tell you that you lost your case. You're probably still stinging from the Responsible outcome. It's easy to forget, though, that this fact fundamentally alters the parameters of your case.
- Significantly, you no longer have the "presumption of innocence." That presumption put the burden of the case on the university. Texas Tech needed concrete evidence in order to find you Responsible for an offense. You may have presented your own evidence, but all you had to do was poke holes in the university's case. Now, roles are reversed. The working presumption is that the university got things right. You're trying to show you were mistreated in some way, and the burden is on you to prove that fact. This time around, the university isn't required to prove anything.
- You are no longer arguing for your innocence. Appeals cases aren't about guilt or innocence. They're about whether or not the process worked the way it was supposed to. In fact, there are only three arguments you can make:
- Some procedural error occurred that cost you the chance at a fair hearing.
- Some new evidence has come to light that could potentially alter the case outcome.
- The university imposed a sanction that is grossly disproportionate to the nature of your offense.
- Your case may have been decided by a Hearing Body, an entire panel of decision-makers. Only a majority decision could have resulted in a Responsible finding. Now, a single “appellate officer” holds your fate in their hands, and their decision is final.
- You will have no opportunity to address the appellate officer in person. There is no hearing. You don't get to make opening and closing statements, you don't get to call witnesses to testify, and you don't get to cross-examine witnesses against you. Everything happens on paper.
- Unless you've uncovered new evidence, all of your proof must be drawn from the record of the original hearing. Again, you are not re-arguing your case. You are offering a new argument about how you were treated by the process.
- The appellate officer cannot overturn your verdict. They have just three options: affirm the original decision, alter the terms of your sanction, or order a new hearing. The best-case scenario is the chance to start over at square one.
What's your attorney's role throughout this process? First, they'll make sure you're clear on exactly what's involved in your appeal and help you shift your thinking into this new phase of the case. They'll sit down with you and go over your entire case. They'll comb through the transcript of your original hearing, looking for grounds for your appeal. They'll work with you to formulate your best arguments. They'll draft the appeal itself. Finally, they'll make sure you get everything turned in on time.
What's at Stake
If you've been thinking about simply walking away from Texas Tech, think again. We get it. You've already been through a lot, and a hearing seems like an uphill battle.
The thing is, though, that you cannot afford a dismissal. Maybe you've made your peace with the fact that you'll be leaving your friends and community behind. Maybe you have come to terms with the fact that you'll have to give up all of your academic progress. Are you prepared to deal with a transcript notation about your offense, though? That will almost certainly keep you from enrolling anywhere else, and that means heading out onto the job market without a degree.
Of course, if you're "only" facing suspension, you can return to school and finish your degree once you've served that suspension. It's never easy readjusting to academic life once you've been away from school, though. You may have lost your financial aid. And even if you do manage to finish, you'll also have to deal with a transcript notation, and those can have a chilling effect on job applications.
There is some good news as well: students can and do win appeals cases all the time. Don't forget that your case was handled by faculty and students. While physics professors are great at physics, they aren't always competent when it comes to deciding weighty issues of justice. They make mistakes. The appeals process exists to correct those mistakes. Trust it to work for you.
Fight for Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Texas Tech, 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 Texas Tech 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.
