You've been through the University of Texas-Rio Grande Valley disciplinary system and lost. A responsible outcome doesn't necessarily have to be the end of your case, though. Like most schools, UTRGV provides accused students with the right to appeal their hearing outcome.
It's important you recognize, though, that a hearing is not a second chance to make your case. A hearing is a very specific type of procedure that's designed to serve as a check on the system itself. The argument is different; the process is different; and if you fail to recognize those differences, you have almost no chance of success.
We can help. The Lento Law Firm's Student Defense Team understands what you're up against and just how much is at risk. We're also familiar with UTRGV processes and procedures and how to use them to your advantage. We've helped hundreds of students just like you defend themselves from all types of charges, and we know exactly what to expect.
Here's the thing, though: you need to contact us quickly. UTRGV gives you just ten days from the end of your hearing to file an appeal. That's not much time to reorient your case. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Fighting for an Appeal at UTRGV
Again, the key to success in a UTRGV appeal is recognizing how your situation has changed. Let's dig into just what it is that's changed.
- First, you're now responsible for (guilty of) an offense. Obvious, right? The thing is that a change in status shifts everything about the case. You are no longer presumed innocent (not responsible), and you've used up a number of your other due process rights as well.
- As part of this shift, the burden in the case now falls on you. When you were charged, only a “preponderance of the evidence” could have resulted in your responsibility (guilt). You may have offered some evidence in defense of your innocence, but you didn't have to. The "burden" was on the university. This time around, you're accusing the school of denying you a fair hearing. The school has the presumption of innocence, and you have the burden of providing proof that you were mistreated.
- Note that "mistreated" does not mean you just don't like the decision. It refers specifically to how you were treated during the original investigation and hearing, and there are only four possible “grounds” for an appeal.
- Some procedural irregularity occurred that prevented you from obtaining a fair hearing.
- New evidence has arisen that could potentially have affected the outcome of the hearing.
- Some official—the Dean, the Hearing Officer—had an unfair bias against you.
- The sanction applied in the case is more severe than the offense deserves.
- There are no hearings in appeals cases at UTRGV. Instead, an Appeal Official reviews the contents of your written appeal. This means that content must be clear and compelling. You will not have the opportunity to explain your arguments or make your case in person.
- You cannot introduce evidence you didn't introduce at the hearing unless you've discovered some new piece of evidence. Your evidence should come from the record of that original hearing.
- “Winning” your appeal does not mean you have won your case. The appeals officer can reduce the terms of your sanction. Otherwise, their only option is to affirm the original hearing decision or order a new hearing.
What role does your Lento Law Firm attorney play in this process? Their first responsibility is to review your entire case, looking for grounds for your appeal. If such grounds exist, you can be sure they'll find them. Then, they'll draft the appeal itself, including both your central arguments and the evidence you have to support those arguments. You can be sure, though, that throughout the process, they'll also be watching out for your due process rights. It's their job to make sure you're treated fairly and that you get the best possible resolution to your case.
Keep Fighting
Plenty of students give up after they've been found responsible at a university hearing. They accept the outcome and move on, even if they're entirely innocent. It's important you keep fighting, though.
For one thing, you're likely facing serious sanctions. If you found this page, you're probably looking at suspension or dismissal. Either of those can put an end to your career at UTRGV. A suspension is never easy to recover from. You may have lost your financial aid as a result of your offense, and once you've been out of school, it can be hard going back to classes. In addition, both of these sanctions carry the additional weight of a transcript notation. That can keep you from transferring, keep you out of graduate school, and interfere with job applications, even if you do manage to complete your degree.
It's also true that you can win your appeal. Lots of students do every year. Deans and Hearing Officials don't have any special training in how to conduct investigations or hearings, and they tend to make a lot of mistakes. They let in evidence where they shouldn't and exclude evidence they should allow. They let their prejudices dictate their decisions. If you were denied a fair chance to make your case, you always deserve a second opportunity to do so.
One last important thing to remember: you're not on your own this time. A Lento Law Firm attorney can make an enormous difference in your case. We know what to expect, and we can make sure you're prepared for every step of the process.
Your School's OGC
Like all other schools, UTRGV maintains an Office of General Counsel (OGC). These are attorneys whose job is to offer the administration advice on legal issues. The OGC carries enormous weight. No college or university wants to wind up involved in an expensive civil suit, and if these attorneys advise a school to settle, it will.
Because we work in the field of student defense, we've developed relationships with OGC around the country. These relationships provide us with unique insight into how to defend our clients. In addition, we can sometimes rely on them to negotiate with a school outside the normal disciplinary channels. Even if you should lose your appeal, we may be able to convince the UTRGV administration to reconsider your case.
Only the Lento Law Firm works so extensively with universities, though, and only we have such close relationships with university OGC. As a result, only we can offer a service like this.
How Can the Lento Law Firm Help?
Whether you're entirely innocent or simply looking to get fair treatment from UTRGV, 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.
