Disciplinary Appeals at the University of California, Santa Barbara

You're here because you lost your case at UC Santa Barbara (UCSB). Now you're facing a serious sanction—suspension, perhaps, or dismissal—and you want to be absolutely sure you don't waste this chance at salvaging your academic career.

You came to the right place.

The Lento Law Firm is the premier firm in the country when it comes to representing student rights. Our Student Defense Team has helped hundreds of students to defend themselves from every type of charge, from cheating accusations to allegations of sexual assault. We know the law, and we're experienced litigators. We focus, though, on student cases. We're well-versed in the UCSB judicial process, including how to file appeals, and we know how to use campus procedures to your benefit.

No matter what your particular situation, we're on your side and ready to help. It's important you contact us immediately, though. UCSB gives you just 10 business days to file your appeal. That's not a lot of time to get your materials together. 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 UC Santa Barbara

You need to know, right up front, that an appeal can be a difficult prospect. That doesn't mean you should simply accept the judgment against you and move on. It does mean you have to reorient your thinking.

  • The biggest difference between an appeal and a hearing is that you are no longer considered "innocent." UCSB was actually required by its own policy to treat you as "Not Responsible" until you were proven "Responsible." It had the burden to supply evidence and to convince decision-makers that you "more likely than not" committed an offense. Rightly or wrongly, you've been found guilty. The presumption has shifted. Now, the university is presumed to have gotten things right and to have treated you fairly. You have the burden of convincing decision-makers otherwise, and that's always the more difficult position.
  • There are lots of ways to argue for your innocence. You can offer up an alibi. You can try explaining that you're not capable of committing an offense. You can simply poke holes in the prosecution's evidence. Appeals aren't about innocence. They're about fairness, and there are a limited number of arguments to be made. In fact, UCSB only accepts four arguments, or “grounds,” for appeal.
    • The school committed some procedural error that denied you a chance at a fair verdict.
    • New evidence has come to light that wasn't available at the time of the hearing, and that could potentially alter the hearing outcome.
    • The hearing outcome is not sufficiently supported by the evidence of the case.
    • The sanction applied is disproportionate to the nature of the offense.
  • Your original case was likely decided by a panel or committee of decision-makers. Now, your fate rests in the hands of one individual, the Vice Chancellor for Student Affairs.
  • You will not be allowed to address the Vice Chancellor in person. There is no hearing in appeals cases. You cannot call witnesses. You cannot cross-examine witnesses or raise questions about the prosecution's evidence. Your entire case must be contained in a written document.
  • You are also limited in terms of evidence. You can argue that new evidence warrants a new hearing. Otherwise, however, all of your arguments must be supported by information contained in the hearing record.
  • There is no possibility that the Vice-Chancellor will dismiss your case. This official has just three options: they can reaffirm the original findings; they can reduce your sanction; they can remand the case for a new hearing.

As a practical matter, an appeals process involves two basic steps. First, you must find “grounds” for your appeal in the hearing transcript or uncover some new evidence. Second, you must create a written document that makes your case in a compelling, straightforward way. Sounds simple enough, right? Just two steps.

The fact is, combing through a judicial record is a complicated affair. You need to know exactly what kind of evidence you're looking for. Likewise, few students have the background and experience to draft a document that makes complicated judicial arguments and makes them in such a way that anyone can follow them. Even most attorneys aren't equipped to deal with campus justice. The Lento Law Firm's Student Defense Team is uniquely qualified to file university appeals and protect your rights as a student.

What's at Stake

We said before, appeals are tough. You cannot afford to stop fighting now, though. There's simply too much at stake.

If you've been sanctioned with dismissal, your academic career is likely over. We're not talking about your career at UCSB—that's certainly over—but about your entire academic career. Dismissal always includes a transcript notation about the nature of your offense. Other colleges and universities will be reluctant to accept you with that kind of record. Suspension is somewhat better. You can return to the university and complete your degree, though many students find it difficult to finish once they've taken a break. You'll also have to deal with a transcript notation, though, and that can cost you job opportunities.

And while there's no question that you face a tough battle, it is one you can win. Plenty of students do. Universities aren't set up to dispense justice. Cases are handled by faculty and students, not judges and prosecutors. As a result, mistakes are made all the time. It only takes one to warrant a new hearing.

You also have an advantage you didn't have at your original hearing. This time, the Lento Law Firm is on your side. We've been at this for a number of years. We're focused on student disciplinary cases. We also have close relationships with many universities' Offices of General Counsel. These are attorneys who advise schools on how to design their judicial processes, and these relationships give us unique insight into disciplinary cases. The bottom line is that no one knows more about what you're up against. No one is in a better position to get you a fair resolution than the attorneys at the Lento Law Firm.

Fight For Your Future

Of course, the Lento Law Firm cannot guarantee to win your appeal. No one can do that. At this point, you've exhausted a number of your most important rights. The appeals process at UC Santa Barbara exists for a reason, though. You deserve justice, and what the Lento Law Firm's Student Defense Team can promise you is that they will fight hard to get you that justice. They're here to protect your rights and to make sure you get the best possible resolution to your case.

As we said in the beginning, though, you cannot afford to wait. Ten days is not long to put together a strong appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.

Contact Us Today!

If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact the Lento Law Firm today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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