Let's start with the basics: UGA students accused of misconduct are always entitled to an advisor. Many students don't retain a lawyer, though. Either they believe that it's easy to respond to a misconduct charge, or they believe they'll receive a slap on the wrist for their offense or both.
At this point, though, you know different. A campus misconduct defense can be every bit as grueling and complex as a criminal defense, and sanctions can—and often do—include suspension and dismissal.
The good news is that you still have a chance to salvage your academic career. UGA affords all students due process, and you always have the right to appeal your hearing outcome. The better news is that you've decided to contact the Lento Law Firm. That gives you your very best chance of success.
The Lento Law Firm's Student Defense Team was established for the sole purpose of protecting student rights. We're defense attorneys, but we're focused specifically on helping students respond to misconduct allegations. We know UGA's judicial processes and procedures, including how to file appeals, and we know how to use them to your advantage. Most importantly, we're always on your side and ready to fight to secure your future.
It's important you contact us quickly, though. From the moment you're notified of the hearing outcome, you have just five business 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 Georgia
As you head into a new phase of your case, it's important you recognize that an appeal is not a hearing. Your situation has changed in some important ways, and if you cannot shift your thinking, your appeal may be doomed before you even get started.
- To this point, your case has been about proving your innocence. As part of your due process rights, UGA was obligated to treat you as innocent ("Not Responsible") until such time as it could prove to a "preponderance of the evidence" that you were guilty ("Responsible"). In legal terms, the university had the "burden" in the case. Right or wrong, you've now been found guilty. The case isn't about your guilt or innocence anymore. It's about whether you were treated fairly during the judicial process. You now bear the burden of proving UGA made some kind of mistake with your case.
- As such, an appeal is not a chance to re-argue your case. Your guilt has been established. If you offer arguments and evidence to prove your innocence, the university won't even bother to hear your appeal. Instead, you're looking for "grounds." These are specific problems with how you were treated during your hearing. UGA recognizes just three grounds:
- Some new evidence has come to light since your hearing that could have altered the outcome.
- The university committed some procedural error that cost you a chance at a fair hearing.
- The decision in the case is not supported by the weight of the evidence.
- Your original case was decided by a panel of decision-makers. A majority of those decision-makers had to find you guilty in order for you to be sentenced. Now, you face a single Appellate Officer – the Vice President for Student Affairs.
- You won't have the opportunity to make your case in person. There is no hearing, no chance for you to use your voice, to present physical evidence, or to examine and cross-examine witnesses. Your entire case rests on a written document.
- Unless you've discovered new evidence in the five days since the hearing ended, the only evidence you are allowed to submit with your appeal is the record of the original hearing.
- The best possible outcome is a new hearing. The Appellate Officer cannot simply decide you are innocent. They can affirm the original decision or remand the case back to the Office of Student Conduct.
You must reorient before you file an appeal, but keep in mind that you'll have help this time around. The Lento Law Firm attorney will sit down with you and review every aspect of your case. They'll carefully go over the hearing transcript. If there are grounds for an appeal, they'll find them. They'll also assemble a compelling written appeal that clearly sets out your arguments and evidence.
What's at Stake
We're guessing that you're facing a serious sanction—suspension, maybe, or dismissal. If that's true, you simply can't afford to walk away from your case. These are life-changing penalties in and of themselves, but they include a transcript notation describing the nature of your offense. That means you'll have trouble transferring to another school. In fact, even if you manage to return to the university and complete your degree, you'll likely have to answer questions about your suspension for your entire career. There's simply too much at risk now to give up.
There's another important reason to keep fighting as well. You can win. It's true that the system is now stacked against you. However, the appeals process exists for a reason—it's a crucial check on the system, a last chance for UGA to make sure it got things right and justice was done. The thing is, universities aren't really set up to dispense justice. As a result, they get things wrong more often than not. Decision-makers go into hearings already having made up their minds. They make poor decisions about what kind of evidence to allow. They sometimes fail to consider important arguments. You have every right to point out these mistakes, and you should never be shy about doing so.
The Lento Law Firm is here to help. We know the stakes, we know your rights, and we know what makes for a persuasive appeal.
Fight For Your Future
Whether you're entirely innocent or you're looking to get fair treatment from the University of Georgia, 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 UGA 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.
