Let's start with the basics: why would you need to appeal the findings in your disciplinary misconduct case?
First, a misconduct finding can damage your academic and professional futures, even if the sanction you've been assigned is relatively light. A warning that shows up in your permanent record can interfere with your chances at graduate school and even your ability to get a good first job out of college. If you've been dismissed from UCSD, though, you could be heading out onto the job market without a degree at all. A dismissal is not something you can simply transfer your way out of.
Second, you're not going to be any worse off for having filed an appeal, especially if you're facing a sanction like dismissal. Essentially, you have nothing to lose.
Maybe the most important reason to file an appeal, though, is that you're wiser now that you've been through the process. You know exactly how difficult it can be navigating UCSD's judicial procedures, you know what the stakes are, and this time, you know better than to try to handle things yourself.
The Lento Law Firm's Student Defense Team was founded to help students get the rights they deserve. We've helped hundreds of students defend themselves from all types of charges. We know the law, and we know how the UCSD administrative and judicial processes work, including how to file appeals.
How can we help with your case? Find out by calling 888-535-3686, or use our online questionnaire to tell us more about your case. Don't wait, though. UCSD gives you just ten days to file an appeal, and there's lots to do to prepare.
The Appeals Process at the University of California San Diego
The right to appeal the outcome of your hearing is one of the many rights UCSD grants you as a Respondent (accused student). You were also guaranteed the right to an investigation and a hearing. You were treated as innocent (Not Responsible) up until the point you were proven guilty (Responsible). You had an opportunity to review all the evidence in your case, and though you may not have taken advantage of it, you had the right to hire an attorney to help you prepare and present your case.
The right to appeal is limited, however. It's not a chance to retry your case. You don't get to offer new arguments, present new evidence, or ask witnesses new questions. An appeal is a check on the judicial system, UCSD's effort to make sure you've been treated fairly. You may deserve a new hearing, but only if you can prove that you were mistreated in some way during your original hearing. What you're looking for as a starting point is "grounds" for your appeal. At UCSD, there are three possible grounds.
- The determination of Responsibility in your case is not supported by the evidence.
- Some procedural errors occurred that could potentially have affected the case outcome.
- You have uncovered new evidence that wasn't available at the time of the hearing and that, if presented, could have altered the case outcome.
- You should know that you face other difficulties in filing an appeal as well.
- You no longer have the same rights you had before. For example, you are no longer entitled to a presumption of innocence. At this point, you've been found guilty of an offense, and the Council of Provosts, which has the responsibility for reviewing your case, will start with the presumption that you are, in fact, guilty.
- You are not entitled to a hearing. You'll have no opportunity to make arguments in person, and there are no witnesses involved.
- Likewise you cannot present evidence of your innocence unless you have discovered some new evidence since your hearing concluded. At issue in an appeal is whether or not you were treated fairly, and the only evidence that is relevant is evidence related to that fact. The Council only reviews the record of the hearing and your written appeal itself.
- Even if you win your appeal, it does not necessarily mean that the hearing outcome is nullified. That could happen. It could also happen, though, that the Council orders a new hearing, and the process starts all over again.
Given these limitations, is an appeal still worthwhile? Absolutely. Again, you must weigh limitations against what's at stake if you simply walk away. It's also worth considering that students can and do win appeals all the time. The thing is, university judicial systems are plagued by problems. Among other issues, they aren't run by judges and clerks with law degrees. Your case was likely heard by a couple of professors, a student, and perhaps an administrator. You may very well have been mistreated by the system, and if so, you deserve another chance to prove your innocence or explain your behavior.
Even if you didn't have an attorney before, a Lento Law Firm attorney can play a vital role in your defense moving forward. They can map out your strategy, help you develop grounds for your appeal, gather and organize evidence to back up your grounds, and draft the appeal itself. They'll also make sure you're treated fairly. And if you should be granted a new hearing, they'll be at your side to make sure things go better the second time around.
Fight For Your Future
We cannot promise to win your case. The truth is, you should be suspicious of anyone who says they can make that promise. At this point, you are in a difficult situation with limited options. You don't have a lot of rights left to you, and you've already been found “Responsible” for an offense. Here's what we can promise you, though: no one gives you a better chance of winning your appeal than the Lento Law Firm's Student Defense Team. No one knows the system the way we do, and no one is better positioned to leverage that system to your benefit. If you know you are innocent, if you believe you've been treated unfairly, we can help.
You cannot afford to wait, though. The window for filing your appeal at UC San Diego is just ten days. That's not a lot of time to build your defense. Contact the Lento Law Firm today at 888-535-3686 or use our online form.
