You're in trouble--pretty serious trouble. You wouldn't be here unless you were charged with disciplinary misconduct at some point and then found Responsible. If the University of Massachusetts, Amherst, had issued you a warning, required you to go to therapy, or put you on probation, you probably would just accept it and move on. That means in addition to being found Responsible, you're facing a major sanction—suspension, maybe, or dismissal.
You didn't hire an attorney to help you with the investigation or hearing. You know an appeal is your last shot, though, and you're looking for help.
You came to the right place. The Lento Law Firm is the premier firm in the country when it comes to representing students accused of misconduct. Over the years, the firm's Student Defense Team has helped hundreds of students protect themselves from every conceivable type of charge. They know what the law has to say about colleges and universities. They also know how UMass and Amherst judicial procedures work, including how to file appeals. Maybe most important of all, they're on your side, no matter the situation. They understand that universities can be too quick to accuse students, that schools aren't always fair in how they conduct investigations, and that they frequently assign punishments far out of proportion to the nature of the offense. They're here to protect your rights and make sure you get the very best possible resolution to your case.
Don't wait, though. Once you receive your outcome letter, UMass Amherst gives you just five days to file an appeal. That's not a lot of time to prepare a strong case. Call 888-535-3686 today, or use the online questionnaire to tell us more about your situation.
The Appeals Process at the University of Massachusetts, Amherst
You need to know what you're facing right up front. An appeal is not a hearing. You may have felt during the investigation and hearing that the system was stacked against you. Unfortunately, you have fewer due process rights now than you did then. An appeal can be challenging.
- When you were initially charged with an offense, the university was obligated under its own policies to treat you as “Not Responsible” (innocent). In legal terms, that means UMass, Amherst had the “burden” to prove the allegations against you. Things have changed. Whether or not you agree with the decision, whether or not you were treated fairly during the investigation and hearing, you have been found “Responsible” (guilty). You now face the “burden” of proving the university made a mistake, and the university now has the presumption of innocence.
- The reality is that the case at this point isn't really even about guilt or innocence anymore. Again, in the eyes of the university's judicial system, that matter has already been decided. An appeal is a check on the system, a chance to argue that you were mistreated in some way and deserve another chance to defend yourself at a hearing. You aren't looking for evidence of your innocence, then. You're looking for “grounds” for an appeal. UMass, Amherst recognizes only two possible grounds.
- The discovery of new evidence that has some direct bearing on the outcome of the case;
- An allegation of a procedural error large enough to have affected the case outcome.
- Shifting from an argument about innocence to an argument about "grounds" requires a similar shift in the nature of what counts as "evidence." Unless you have new evidence to present, the Appeals Board is not allowed to consider anything other than the record of the original hearing. Even if you do have new evidence, the Board won't use it to decide whether or not you are guilty. Instead, they'll consider whether it carries enough weight to warrant a new hearing.
- You will not have the opportunity to "present your case" or even to speak with the Appeals Board. The Board makes its decisions in closed-door meetings, and your only way to make your case is through the written appeal itself.
- Again, even if you should win your appeal, it does not mean you've been found Not Responsible. Instead, you must start again, putting together a defense that you can present at a hearing.
What's at Stake
We know this all sounds pretty tough. Before you give up and walk away, though, there are a few important facts you need to consider.
If you haven't thought through all the implications of a Responsible outcome, it's time you did. If you're facing dismissal, your academic career is likely over. No degree. Your transcript will forever carry a notation about the nature of your offense, and that will keep almost all colleges and universities from admitting you as a transfer student or even as an incoming freshman.
If you're facing suspension, your situation is only slightly better. You can return after your suspension and resume your studies, but that's often easier said than done. Once you leave school, it's always hard coming back. You may also have student loans to pay in the meantime, depending on the length of your suspension. Finally, you'll also have a transcript notation, and even though you'll have a degree, you'll still have to explain your offense every time you apply for a job.
So you can't afford to walk away.
It's equally true, though, that you have every chance of winning your appeal. Yes, the system is now stacked against you. Consider the nature of that system, though. Your case wasn't handled by seasoned prosecutors. You didn't come before a trained, experienced judge. You faced a roomful of faculty, students, and administrators who were given some limited training in campus policies and procedures. The truth is, it would be surprising if you weren't the victim of mistakes. Those mistakes may not have been malicious, but they may have cost you your chance at a fair outcome.
The appeals process exists to correct those mistakes. The Lento Law Firm is here to help you exercise your right to appeal.
Fight For Your Future
The Lento Law Firm cannot guarantee to win your appeal. No one can do that. At this point, you've exhausted a number of your most important rights. The appeals process at UMass, Amherst exists for a reason, though. You deserve justice, and what the Lento Law Firm's Student Defense Team can promise you is that they will fight hard to get you that justice. They're here to protect your rights and to make sure you get the best possible resolution to your case.
As we said in the beginning, though, you cannot afford to wait. The window for filing your appeal at UMass, Amherst, is just five business days. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
