No adjudicating body gets it right every time. Even criminal courts make mistakes. University officials, committees, and judicial panels tend to get it wrong more often than most. For one thing, university investigators and decision-makers don't have the training that law enforcement and officers of the court have. Often, panels are made up of chemistry professors, English TA's, and maybe a handful of students. Rules of evidence are relaxed. No one is forced to testify. And decisions aren't based on the "beyond a reasonable doubt" standard but on a lesser standard known as "preponderance of the evidence."
The good news is that the University of Florida recognizes that mistakes happen, and it wants to do what it can to make sure justice is done. As a result, students always have the right to appeal the outcome of any disciplinary case.
Make the best use of this right: choose the Lento Law Firm attorney. Our Student Defense Team is knowledgeable and experienced. We don't just know education law in the abstract. We're familiar with all of the University of Florida's administrative and judicial procedures. We're also experienced. We've helped hundreds of students deal with charges just like yours.
It's important you contact us now, though. UF gives you just ten class days from the end of your hearing to file your appeal. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your case.
What's at Stake?
Students don't always pursue appeals. At this point, you've been through both an investigation and a hearing. Those can be difficult processes. You've been found Responsible for (guilty of) an offense, and that can be disheartening. An appeal is generally an uphill battle, and you only just lost the previous battle.
Here's why you have to continue the fight, though: If you're facing a serious sanction, like suspension or dismissal, your professional future is at risk. Of course, dismissal means permanent separation from the university. And while you can return from suspension, it's certainly an interruption in your studies, and many students find it hard simply to pick up where they left off. More importantly, your transcript will always contain a record of your offense. That will likely make it impossible to transfer to another school. Even if you finish at UF, a transcript notation can do serious damage to your job prospects.
And you can win your case on appeal. Students do so all the time. If you know you are innocent, you think the sanction in your case is just too severe, or you feel like you were treated unfairly by the university, it's important you continue the fight. And you're not alone. You've got the Lento Law Firm on your side this time around.
Grounds for Appeal
To be clear, an appeal is not a new hearing. It's not a chance to re-do your case—though it could lead to that opportunity—and it's not a chance to argue with the hearing outcome.
Appeals aren't about guilt or innocence. They're about whether or not you were treated fairly by the system. They give the University of Florida one more chance to make sure it got things right.
That difference requires you to change your approach. You're no longer trying to come up with arguments and evidence to prove you didn't commit the offense. You're now trying to come up with reasons for why UF should lessen your sanction or order a new hearing. These reasons are known as "grounds," and there are only three grounds for appeal at UF:
- Your rights were violated in some way that might have affected the case outcome.
- You've uncovered new evidence that could potentially change the case outcome.
- The sanction imposed is disproportionate to the nature of the offense.
That's not a lot of options. However, the Lento Law Firm attorney's first job is to review the record of the hearing with you and look for possible grounds for appeal. If there's an option to pursue, you can count on them to find it.
The Appeals Process at the University of Florida
There are several other key differences between UF hearings and appeals.
- You're no longer presumed "Not Responsible" (innocent). When your case began, the university had the burden of proving you committed an offense. In an appeal, the burden is on you to prove the university made a mistake.
- You aren't allowed to communicate directly with the appeal official or panel. That means you cannot make a personal plea. Your entire case must be communicated in writing, and your document must be compelling.
- Unless you've uncovered new evidence in the case, decision-makers won't be reviewing evidence from the case. Rather, they focus exclusively on the record of the hearing and whether or not that record shows any irregularities.
- Except in unusual circumstances, decision-makers aren't going to overturn your verdict. They can reduce the severity of your sanction, or they can remand your case for a new hearing. If you should win your appeal, however, you'll have the Lento Law Firm on your side this time around.
How Can the Lento Law Firm Help?
The Lento Law Firm attorney can handle virtually all of the aspects of your appeal.
- They'll help you develop grounds for your appeal.
- They'll review the record with you and suggest evidence to help back your appeal.
- They'll draft an appeal that makes a strong, compelling argument and that puts you in the best possible light.
The Lento Law Firm attorney's most important job, though? Monitoring the appeals process and ensuring that your rights are protected at every step along the way.
Fight For Your Future
We won't sugarcoat it: you're in a difficult situation with limited options. You've already been found “Responsible” for an offense, and you don't have a lot of rights left to help you overturn that verdict. Given those parameters, we can't promise to win your appeal. No one can. 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 the University of Florida 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.
