As a private institution, the University of San Francisco is not obligated to follow any particular procedures in investigating and adjudicating allegations of misconduct. The school does have some important protections in place, but, for instance, it does not allow students to bring attorneys with them to investigative meetings or Conduct Meetings. This is likely why you didn't retain an attorney to help you respond to the charges against you.
The Lento Law Firm feels USF treats students unfairly when it bars attorneys. You should know, though, that such a bar does not prevent you from consulting with an attorney about your case. The Lento Law Firm attorney can help you uncover evidence, outline your entire defense, and even coach you in presenting that defense. They can do all of this without stepping one foot onto campus.
You still have a chance to salvage your academic career, though. USF allows all students to appeal their Conduct Meeting outcomes. Here again, the Lento Law Firm's Student Defense Team can make an enormous difference to your case. We know USF judicial processes and procedures, and we've helped hundreds of students defend themselves from all kinds of charges. We'll protect your rights and get you the best possible resolution to your case.
You cannot afford to wait, though. From the moment you're notified of the Conduct Meeting outcome, you have just five business days to file. 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 San Francisco
Whether or not you were comfortable during your original investigation and Conduct Meeting, you should know that an appeal is a very different process, one that requires you to reorient your thinking about your case. You are used to arguing for your innocence, so much so that it has become a habit. Appeals aren't about your innocence, though.
- When you were initially charged with an offense, USF was obligated under its own policies to treat you as “Not Responsible” (innocent). The university bore the “burden” of proving otherwise, and it had to offer compelling proof in order to find you Responsible. You may very well have mounted a defense, but there was no burden on you to do so. You were Not Responsible by default. The situation has changed. While you almost certainly disagree with the outcome, you have been found guilty. You're not trying to prove that USF did something wrong in your case. The university has the presumption of innocence, and the burden is on you to prove otherwise.
- An appeal is not a chance to reargue your case. It's not a do-over. Everything you argued about your innocence up to this point is essentially irrelevant, at least for the moment. Appeals are about whether or not you were treated fairly, whether your rights were respected, and whether you had a reasonable opportunity to make your case. There are only three possible grounds for an appeal.
- Some procedural “irregularity” cost you your right to a fair hearing.
- Some new evidence has arisen since the hearing that could potentially alter the outcome.
- The sanction you've been assigned is far more severe than your offense deserves.
- The appeals process is not set up to favor you. For instance, you will not have an opportunity to argue your case before the Appeals Board. The entirety of your appeal must be contained in a written document, and the board will meet in a closed-door session to consider that document.
- Unless you've uncovered new evidence, you can only argue from the original hearing record. Even if you do have new evidence, it won't be considered in terms of your guilt or innocence. Rather the Appeals Board will determine whether or not it might have affected the hearing outcome.
- There is no possibility that the Appeals Board will find you innocent. It has three options open to it. It can reaffirm the original outcome of your case. It can reduce the severity of your sanction. It can order a new Conduct Meeting, in which case you must begin your defense all over again.
In terms of procedures, here's what actually happens in an appeals case at USF. You'll meet with the Lento Law Firm attorney and go over the history of your case. They'll comb through the hearing record looking for grounds for appeal. Then, they'll formulate your very best arguments and draft the written appeal itself on your behalf.
What's at Stake
You wouldn't be the first student who decided to walk away rather than appeal their case. Undeniably, the USF judicial system is slanted against you at this point. Here's why you must continue to fight, though.
First, there's far too much at stake to give up now. Most serious offenses at USF are punished with suspension or dismissal. If you've been dismissed, your entire academic career may be over. Certainly, you'll have to leave the university, but you'll also have a transcript notation about the nature of your offense. That will keep you out of most other colleges and universities. A suspension is somewhat less severe. However, it's not always easy to finish a degree after a suspension. Just coming back to school can be traumatic. You may also have lost your financial aid, and so paying for courses could be an issue. Even if you do graduate, though, your transcript will also have a dismissal notation, and that can interfere with job opportunities.
Second, despite the fact that the odds are stacked against you, you can win your appeal and gain the opportunity for a new hearing. Campus justice is far from perfect. Physics professors and third-year English majors just aren't trained to make crucial decisions about judicial procedure or fine distinctions about guilt and innocence. They make mistakes. Sometimes, a lot of mistakes
Finally, though, you're not on your own this time. Whatever reason you chose to handle your original hearing yourself, this time around, you have the Lento Law Firm on your side. We know the stakes, we know your rights, and we know how the process works. We'll use every resource at our disposal to ensure you are treated fairly and that you get a just resolution.
Fight For Your Future
Whether you're entirely innocent or you're looking to get fair treatment from the University of San Francisco, 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 your rights are respected.
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.
