Most students—most people—have, at best, a sketchy understanding of how appeals work. An appeal isn’t a second chance to re-argue your case. It isn’t an opportunity to explain what a decision-maker got wrong. It’s a very specific judicial procedure designed to serve as a check on the system. If you don’t have a clear understanding of what’s involved, it can be next to impossible to succeed.
If you’ve lost your disciplinary misconduct case at the University of Kentucky and you’re looking to file an appeal, you don’t want to go into the process on your own. You need someone who understands the UK justice system on your side, guiding you through the steps.
No one gives you a better chance at winning your appeal than the attorneys at the LLF National Law Firm. Our Student Defense Team was founded to protect student rights. We know the law, and we’re familiar with UK judicial procedures, including how to file appeals. We’ve helped hundreds of students defend themselves from all types of disciplinary misconduct charges, and we can help you to do the same.
It’s important you contact us quickly, though. Once your hearing is over, you have just seven business days to file your appeal. That’s not a lot of time to build your case. Call the LLF National Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
The University of Kentucky Appeals Process
The appeals process at UK is relatively straightforward, at least in terms of the paperwork. You submit a written document stating your grounds for appeal. You include evidence to back those grounds. You wait.
The difficult part is shifting your thinking. You need new arguments; you need new evidence; you need an entirely new approach.
- In the beginning, when you were originally charged, the university was obligated to treat you as “innocent until proven guilty” (“not responsible until proven responsible”). That’s the strongest position to be in. It means UK had the “burden” of proving your innocence through a “preponderance of evidence.” When your case began, you had the presumption of innocence. Right or wrong, at this point, you’ve been found responsible (guilty), and that is now the working presumption.
- As a result, the balance has shifted in the case. You’re leveling an accusation at the university, a claim that you were treated unfairly. The university has the presumption of innocence. You have the burden of providing proof. You can do that, but it’s a more difficult bar to reach.
- “Unfair treatment” doesn’t mean the school issued a decision you don’t like. You must have very specific “grounds” for an appeal, some reason you were denied a fair chance to make your case. At UK, there are only three options:
- The university made some type of procedural mistake that influenced the hearing outcome.
- Some new evidence has arisen that could potentially alter the hearing outcome.
- The sanction imposed is disproportionate to the nature of your offense.
- The University Appeals Board (UAB) does not hold hearings. Members will only consider the contents of your appeal itself. That means your arguments must be clear, and every point must be fully supported by evidence.
- Unless you have discovered new evidence since the hearing, you are not allowed to present new evidence. All your points must be backed with material from your original hearing.
- The UAB cannot find you “not responsible.” They can lessen your sanction or order a new hearing. Note, too, that their ruling in the case is final.
Your LLF National Law Firm attorney will make sure you’re clear on exactly what’s required at every step of the appeal. They’ll work with you to identify grounds for your appeal, and they’ll draft the document itself on your behalf.
You Must Keep Fighting
Students often give up once they’ve lost their misconduct hearings. An appeal feels like an impossible task, especially once you’ve already been through the system and lost. You cannot give up yet, though. There’s simply too much at stake.
If you’ve been dismissed over a conduct offense, your career at UK is over. That’s obvious. What might be less obvious is that your entire academic career could be over. Very few schools are willing to accept transfer students with misconduct offenses on their records. That means looking for a job without a degree.
Suspension is somewhat better. You can return at some point and complete your degree. Most students don’t, though. You may have lost your financial aid package as a result of your offense. You’ll face stigma on campus. It’s never easy coming back to school once you’ve been away for any length of time. Plus, even if you manage to graduate, you’ll have an offense on your record as well, and that can influence hiring committees.
The good news is that students frequently win appeals cases. The reason is simple: universities aren’t very good when it comes to criminal justice. They just aren’t designed for it. University panels are made up of faculty and students. No one who heard your case had any legal training. Hearing Boards tend to make mistakes, and appeals are designed to correct mistakes. They only work, though, if you take the time to file.
An Additional Option
Even if you lose your appeal, your LLF National Law Firm attorney can offer one more option.
The University of Kentucky keeps attorneys on retainer to answer legal questions. These attorneys are collectively known as the Office of General Counsel (OGC). The OGC keeps a close eye on the university’s judicial system to ensure students are treated fairly.
LLF National Law Firm attorneys have close relationships with many OGCs around the country. We can sometimes leverage these relationships to convince a university’s administration to reconsider a client’s case. If the OGC recommends it, your school’s president might be willing to set aside the outcome, suspend the sanction, or, at a minimum, remove all record of your offense from your transcript.
Local and family attorneys can’t offer this service. Only the LLF National Law Firm is focused on student defense, and only we have cultivated these relationships.
How Can the LLF National Law Firm Help?
Whether you’re entirely innocent or simply looking to get fair treatment from the University of Kentucky, 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 LLF National Law Firm at 888-535-3686 or use our online form.