A misconduct allegation—whether it has to do with academic, disciplinary, or Title IX sexual misconduct—is always a serious affair. A Responsible (guilty) result can mean sanctions like suspension and dismissal. Those are noted on your University of Michigan transcript, and that can follow you around indefinitely.
If you've already been through an investigation and a hearing and been found Responsible, the situation is even more serious. You do still have the right to appeal that outcome, but UM doesn't just accept every appeal that's filed, let alone grant them. Whether or not you had an attorney to help you through your original case, you certainly need an attorney at this point.
The Lento Law Firm's Student Defense Team was created to protect student rights. We've defended hundreds of students from every conceivable type of charge. We're also well-versed in the appeals process. We know the law, and we know the system. We'll use what we know to get you the very best possible resolution to your case.
Don't wait, though. You have just ten calendar days to file an appeal at UM. Call today at 888-535-3686 or use our online questionnaire to tell us a little about your case.
The Appeals Process at Michigan
The University of Michigan wants you to get a fair opportunity to defend yourself, and it wants for justice to be done in student cases. That's why you were granted so many due process rights at the beginning of your case, like the right to a presumption of “Not Responsible” (innocence). You were allowed to review evidence in the case, you were notified well in advance of all meetings and hearings, and you were granted the right to an advisor.
You also have a right to appeal the outcome of your hearing. You need to know, though, that there are limitations to this right. An appeal is not an opportunity to simply complain about the outcome. It's designed to ensure that justice is done; you might think of it as a check on the system. In order to have your verdict set aside or to get a new hearing, you need to demonstrate that some mistake occurred.
Your first challenge, then, is to develop “grounds” for your appeal, a reasonable justification for why the university should consider it. Possible grounds at UM can include
- A procedural error that might have impacted the outcome;
- A finding that is simply not supported by the evidence;
- A sanction that is disproportionate to the nature of the offense;
- New evidence not available at the time of the hearing that could impact the outcome.
Your appeal itself should be a carefully constructed, carefully worded document that lays out your grounds for an appeal and offers the very best possible evidence you have to support those grounds. You have just seven days to file this document.
Your appeal is reviewed by a three-member Appeals Board, made up of one student, one faculty member, and one administrator. There is no hearing. The Board bases its decision entirely upon the record from the original hearing and the contents of your appeal. That is one reason why the quality of this document is so important.
The Board can then take one of four different actions.
- It can confirm the hearing panel's original decision.
- It can alter the sanction.
- It can strike the original decision and sanction and remand the case back to the hearing panel for reconsideration.
- It can strike the original decision and sanction and order a brand new hearing.
If this sounds like a difficult, delicate process, that's because it is. Certainly, an appeal is always a worthwhile endeavor. Besides the fact that so much is at stake, students do regularly win appeals. The judicial process at the University of Michigan is by no means infallible. In fact, it is designed to be informal and accessible. There are no "rules of evidence." There are no prosecutors and no judges. Students hear cases. For these reasons, though, mistakes do happen. If you don't believe you got justice in your original hearing, you absolutely should file an appeal.
You don't want to try filing an appeal all on your own, though. You need help and not just any help. The attorneys at the Lento Law Firm know what you're up against, and they know how to navigate the system. They've filed appeals. They know what Appeals Boards look for and how to make your case clear on paper.
One Final Option: Direct Negotiation
We've mentioned it several times already, but it bears repeating: the attorneys at the Lento Law Firm aren't just average defense attorneys. Their work is focused on helping students. As a result, they spend every day dealing with faculty and administrators. They talk regularly with attorneys who serve as Office of General Counsel at schools just like the University of Michigan. These attorneys advise schools on legal issues. They help them to put their judicial systems together, and they set standards for how cases should unfold.
Our relationships with faculty, administration, and the Office of General Counsel inform our approach to defending our clients. We know what to expect from a campus investigation, what the hearing process looks like, and what makes for a strong appeal.
Our relationships can be an asset in another important way as well, though. Should you lose your appeal, you can always try approaching the University of Michigan's administration directly. It's never easy to convince administrators that negotiation outside of judicial processes is in their best interests, but it is sometimes possible to broker deals. Before you can begin talking about fair solutions, though, you have to know who to contact and what to say. Administrators talk to us because they know us.
Fight For Your Future
We won't promise you something we can't deliver. We cannot guarantee you that we'll win your case. No one can. At this point, you are in a difficult situation with limited options. Here's what we can promise you, though. No one gives you a better chance of winning 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 for your benefit.
You cannot afford to wait, though. The University of Michigan gives you just seven days to file your appeal. Contact the Lento Law Firm today at 888-535-3686 or use our online form.
