You've been found responsible for some type of misconduct offense at the University of Iowa. You're in a difficult position. At this point, you may already have been assigned a sanction. If you've found your way to this page, we're guessing that sanction is either suspension or dismissal. Either can spell the end of your academic career and seriously curtail your options as you move into the professional world.
You do still have a chance to salvage your future. UI offers all students accused of misconduct the opportunity to appeal their decisions. You need to understand, though, that an appeal is a very specific judicial procedure. You are not simply re-arguing your case, and if you don't fully grasp the goal of an appeal, you've really no chance of winning.
Luckily, you don't have to go through this process on your own. The Lento Law Firm's Student Defense Team knows exactly what's involved in filing a UI appeal, and we can walk you through it. We're familiar with UI procedures, and we'll make sure the university respects your rights and gives you a fair resolution.
We can help, but you must contact us quickly. The University of Iowa gives you just ten business days from the end of your hearing to file your appeal. That's not much time to put an appeal together. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
University of Iowa Appeals
Students frequently make the mistake of thinking an appeal is a second hearing, another opportunity to make your case. In fact, it's a completely different procedure. Here's what you need to know before you file your UI appeal.
- When your case began, the university was required under its own policies to treat you as "innocent until proven guilty" ("not responsible until proven responsible.") UI bore the burden of proving your guilt through a preponderance of evidence, and while you may have presented evidence in you own defense, you didn't have to. All that was required was to demonstrate that the university's evidence was insufficient. Rightly or wrongly, the university met its burden, at least on paper. You're now presumed guilty of the offense, and that's a more difficult position to be in.
- One of the most important ways that the case has shifted is that it is no longer about the question of guilt or innocence. Instead, you are trying to prove something very particular—that UI treated you unfairly as part of the judicial process. In this context, there are only five possible "grounds" for appeal.
- A procedural error occurred that may have affected the hearing outcome.
- The decision in the case was not supported by sufficient evidence.
- The decision involved a misapplication of university rules.
- The sanction imposed is inappropriate to the nature of the offense.
- New evidence has been discovered that could have some bearing on the case outcome.
- Your original case was heard by the Associate Dean, Accountability and Care. A separate Appellate Official will consider your appeal,
- The roles in the case have reversed. You are now accusing the university of treating you unfairly. The university has the presumption of innocence, and you have the burden of producing a preponderance of evidence.
- You will not be allowed to put your case on at a hearing or to address the Appellate Official in any way. Your entire case—arguments and evidence—must be contained in a written document.
- All of your evidence must be drawn from the record of the original hearing. The one exception is if you have new evidence to present. However, this evidence is not used to argue your innocence; it can only be used to demonstrate that your case deserves a new hearing in light of this evidence.
- Winning your appeal does not mean the end of your case. The Appellate Official may affirm the original hearing outcome, or they may lessen your sanction. Otherwise, they'll order a new hearing, and things will start all over again.
Once you understand how your case has shifted, the actual procedures for an appeal are relatively straightforward. When you contact your Lento Law Firm attorney, they'll go over your entire case with you, paying special attention to the record of the original hearing. They'll identify any grounds for appeal. They'll also draft the appeal itself, making certain you put forward your very best arguments.
What's at Stake
If an appeal sounds like an uphill battle, that's because it is. Appeals aren't designed to favor respondents. Most of your rights have been used up at this point. An appeal is merely a last check on the system, one more chance to make sure no mistakes were made.
Keep in mind, though, that when it comes to university justice, mistakes aren't all that uncommon. The University of Iowa wasn't built to serve a judicial function. It was built to educate. And as bright as educators and administrators are, they don't have legal training. They misapply procedures sometimes. They disallow perfectly reasonable evidence. They allow their biases to dictate their decisions. When they do these things, you are absolutely within your rights to demand they correct their mistakes. Uphill battle or not, lots of students win their appeals every year. You can, as well.
And no matter how difficult the battle might seem, you cannot afford to quit fighting now. If you've been dismissed, your academic career is likely over. You'll have trouble finding another school willing to take you with a disciplinary misconduct offense on your record. Suspension is somewhat better. You can return to UI, though many students don't. It's simply too hard to return to the academic world once you've been away. Even if you do graduate, though, you'll also have a record of an offense, and that can have serious consequences for your job prospects out of school.
The Lento Law Firm is on your side, though. We're ready to fight with you, and we can show you how to use the system itself to make that fight easier.
An Additional Option
Even if you should lose your appeal, there may still be hope for your case.
The University of Iowa turns to an Office of General Counsel for advice on all legal decisions. These are lawyers or law firms with legal expertise in the field of educational law. The Lento Law Firm has relationships with OGC all over the country. These relationships inform how we approach every misconduct case. Occasionally, we're also able to leverage these relationships to get our clients results outside the judicial system. Keep in mind, though, that we work specifically in the field of student defense. Other attorneys simply can't provide this sort of unique service. It's important to make sure you have a Lento Law Firm attorney on your side before you begin the appeals process.
Fighting For Your Future
Whether you're entirely innocent or simply looking to get fair treatment from the University of Iowa, 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 the university 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.
