Colleges and universities aren't great when it comes to dispensing justice. To be fair, they're not really set up for it. Often, in fact, they ban attorneys from campus because the moment someone who knows what's going on shows up, they start raising awkward questions about processes and procedures.
UC Santa Cruz doesn't go quite so far. Accused students are allowed "Support Persons" throughout the investigation and hearing, and those support persons can be attorneys. Support Persons are not allowed to "represent" students, though, and nowhere in UCSC's Code of Conduct does the university mention the words "attorney" or "lawyer."
The fact is that you're facing a serious sanction—we're guessing you've been either suspended or dismissed. Those are life-altering outcomes. You shouldn't be defending yourself all on your own. You need help. You need someone from the Lento Law Firm on your side.
Whatever UCSC may tell you, you're always entitled to consult someone from the Lento Law Firm. Our Student Defense Team may not be able to “represent” you, but we can do everything from outlining your case to uncovering evidence to proposing questions for witnesses. We're also highly experienced at filing appeals—again, schools make lots of mistakes, and our job is to hold them accountable when they do.
Whatever your situation, we can help, but you cannot afford to wait to contact us. From the moment you're notified of the hearing outcome, you have just five working 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 the University of California Santa Cruz
Let's start with the basics: What is an appeal? Many of our clients are under the mistaken impression that it's a second chance to argue for their innocence. The reality is quite different. And while the process itself can be relatively simple and straightforward, if you can't shift your thinking away from "innocence," you're doomed before you begin.
- First and foremost, you are no longer innocent in the eyes of UCSC. That's a frustrating position to be in, especially if you know you're innocent. You want to keep telling anyone who will listen just how innocent you are. For the moment, though, you have to put that issue aside.
- The playing field has shifted. When you were charged, UCSC was obliged to treat you as innocent ("Not Responsible"). It had the "burden" of proving you guilty with concrete evidence. Now that you are guilty, you have the burden of proving—with evidence—that the university mistreated you in some way and cost you a chance at a just outcome.
- Arguments in an appeal are about fairness rather than innocence. Were you treated fairly? UCSC allows only three kinds of arguments.
- The outcome in the case was not based on sufficient evidence.
- The university failed to follow proper procedure, and, as a result, you were denied a fair chance to make your case.
- You've been assigned a sanction that is disproportionate to the nature of your offense.
- Appeals are a check on the system, an afterthought in the process. While your original case was heard by a Conduct Board, your appeal rests in the hands of a single individual, an “appeal specialist.”
- There are no hearings in appeals cases and no chance to speak directly to the decision-maker. You must make your case in a written document. Should the appeal specialist have questions, the answers need to be in that document.
- You cannot present evidence of your innocence. Unless you have new evidence, you must rely solely on the original hearing record. If you do have new evidence to present, it will not be considered in light of your guilt or innocence but rather in terms of whether it warrants a new hearing.
- The appeals specialist cannot vacate the hearing outcome. They can reduce the terms of your sanction or order a new hearing. Otherwise, the original verdict stands, and there are no further possible appeals.
Again, it can be tough to change your thinking about your case. Appeals are old hat for Lento Law Firm attorneys, though. We'll sit down with you and help you understand the entire process. We'll go over your case, look for "grounds" for your appeal, formulate your strongest arguments, and draft the appeal itself.
What's at Stake
We cannot emphasize this enough—students do win appeals cases. If you look carefully at the process we've outlined, it can seem pretty daunting. And from a judicial perspective, you are at a disadvantage. As we mentioned before, though, universities make a lot of mistakes when it comes to dispensing justice. They don't always recognize when a decision-maker has a bias; they sometimes toss out important evidence; they allow testimony that might be unfairly prejudicial. Those mistakes matter. They may very well be the reason you lost your case. And you deserve a second chance to defend yourself and get justice.
What's the alternative? Well, if you've been dismissed from UCSC, it obviously means leaving the university. It may also mean the end of your academic career altogether. Very few colleges and universities are willing to admit students with dismissals on their records. Suspension can be just as severe. Technically, you can return to the university and finish your degree. You'll return with a stigma, though. You may have lost your financial aid package as well. And like dismissals, suspensions come with a transcript notation that describes your offense. You'll have to explain that at job interviews. Simply put, you cannot afford to stop fighting.
You're not fighting on your own this time around. You've got a Lento Law Firm attorney watching over your shoulder, making sure you're treated fairly. We know your rights. We know what counts as solid evidence. We'll make sure you get the very best possible resolution to your case.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from the University of California Santa Cruz, 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 that UCSC 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.
