You've been through the wringer at this point. You found yourself accused of a misconduct offense at UTSA, you endured an investigation, and you went through the stress of a hearing. Most gut-wrenching of all, you were found responsible for an offense and slapped with a sanction.
Your case isn't quite over yet, though. As part of your due process rights at UTSA, you also have the chance to appeal your case outcome. This is your last due process right, though, so it's important you make it count.
Don't go into an appeal on your own. You need someone from the Lento Law Firm on your side. Our Student Defense Team has represented hundreds of student clients from all kinds of misconduct charges. We know your school's rules and regulations, and we know how the judicial system operates. We're prepared to use every resource at our disposal to secure you a fair and just resolution.
You cannot wait to contact us, though. The University of Texas-San Antonio gives you just fourteen days from the end of your hearing to file your appeal. You need to act quickly. 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 Texas-San Antonio
The very first thing you need to know about filing an appeal at UTSA is that your situation has fundamentally changed. The process from this point on is radically different from what you've been through up to now. The arguments are different. Your strategy must be different.
- Throughout the investigation and hearing, you were entitled to a presumption of innocence. In simple terms, the university had the burden in the case. It needed evidence to substantiate any charges--and not just a little evidence. It needed enough evidence to prove that you "more likely than not" committed the offense with which you were charged. It met that burden, at least on paper. Even if you're entirely innocent, on paper, you've been found guilty. That changes how you are treated.
- It also changes who has the advantage in the case. You still have a chance to fight the guilty finding, but the burden now is on you. Essentially, you're charging the university with making a mistake. That means you must come up with concrete evidence sufficient to prove that the school “more likely than not” treated you unfairly.
- When we use the words “mistake” and “unfairly,” we're not just talking about whether or not UTSA got things right. You are not re-arguing your case. You are trying to prove that you didn't have a fair chance to present your case in the first place. There are only four grounds for appeal, four arguments you're allowed to make.
- The sanction imposed is disproportionate to the nature of the offense.
- Some procedural error occurred that prevented you from receiving a fair outcome.
- New evidence has arisen since the end of the hearing that could have altered the outcome.
- The investigator or Hearing Officer had a conflict of interest that prevented you from receiving a fair outcome.
- The university's Provost considers all appeals. There is no hearing. You cannot plead your case directly, submit evidence, or call witnesses. Everything, including all of your arguments and all of your evidence, must be contained in a written document.
- Unless you have uncovered new evidence, you must back your appeal with material from the investigation and hearing. You cannot present evidence that you did not present at the original hearing.
- The Provost cannot overturn the Hearing Officer's decision. They can affirm that decision, reduce the terms of your sanction, or order a new hearing.
What is the Lento Law Firm attorney's role in all of this? First, it's their job to make sure you understand just how your position has shifted. They'll explain the appeals process in detail and work with you to come up with appropriate grounds for your appeal. To that end, they'll go over the record of the case with a fine tooth comb, looking for any evidence you were mistreated by the process. Once they've uncovered such evidence, they'll put together the appeal itself and file it on your behalf.
What's at Stake
There's no question that an appeal is an uphill battle. Your case is all but over—the appeal is simply a final check to ensure the system worked as it should. You've used up most of your due process rights, and you now bear the burden of the case.
That doesn't mean you should give up. In fact, it's more important than ever that you keep fighting.
You're facing a sanction that could change the entire course of your life. If you've been dismissed from UTSA, you can't simply transfer to another school. Your transcript will carry a record of your offense, and there aren't many schools out there that will accept you with that kind of record. If you've been suspended, your position is somewhat better. It can be difficult to return to the university, but you will have an opportunity to do that and complete your degree. You'll also have to deal with a transcript notation, though, and you can be sure your offense will come up in every job interview.
Just as importantly, you can win your case. Uphill battle or not, an appeal is an important element of the judicial process, particularly at colleges and universities. UTSA isn't built to dispense justice. It's an educational institution. As a result, administrators, investigators, and hearing officers tend to get things wrong. A lot. When they do, you deserve the chance to set things right. You can't do that, though, unless you continue to fight.
One Last Option
Even if you should lose your appeal, the Lento Law Firm attorney may be able to intervene in your case. Every college and university maintains an Office of General Counsel, a lawyer or law firm on retainer who answers questions about legal issues. The Lento Law Firm has relationships with OGC around the country, and we can often use these to negotiate resolutions outside a school's judicial system. Keep in mind, though, that only the Lento Law Firm attorneys offer this unique service.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from the University of Texas-San Antonio, 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.
