It might seem like there's not much to a university appeal. And it's true that there's really only one step—filing the appeal. Investigations and hearings seem like a lot more trouble.
Investigations and appeals aren't your last shot at getting justice, though. An appeal is. There's a lot riding on this document. Far too many students make the mistake of believing an appeal is just a chance to re-argue their case, make their points more forcefully, and insist more passionately on their innocence. In reality, an appeal can be the most complex portion of any defense case. Everything about your situation has changed, and if you cannot adjust your thinking, your appeal might be over before it begins.
You don't want to try and handle any part of a misconduct case on your own, but you certainly don't want to file your own appeal. With so much at stake, you need the very best help you can possibly get. That means hiring someone from the Lento Law Firm. Our Student Defense Team is the best in the country when it comes to representing students. We know exactly how University of the Pacific judicial processes work, including what's involved in appeals. No matter what your situation, we're on your side and ready to fight for your rights.
You cannot wait to contact us, though. The University of the Pacific gives you just ten business days from the end of your hearing to file your appeal. That's not a lot of time to get your materials together. 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 the Pacific
It's crucial that you recognize that an appeal is nothing like a hearing. This is absolutely not a chance to re-litigate the same arguments or put forward the same evidence. You must change your thinking.
- As a starting point, you must recognize that you are no longer presumed innocent (“Not Responsible). You had that presumption throughout your investigation and your hearing, Which meant that the university had the “burden” of proving your guilt. The opposite situation prevails now. The university may have gotten the judgment or the sanction or both completely wrong, but in the eyes of the judicial system, you are guilty. On the other hand, the university is presumed to have gotten things right and given you a fair hearing. You now have the burden of proving them wrong, and that's always a more difficult legal position to be in.
- In fact, your innocence isn't even on the table right now. You're not arguing that you're innocent but rather that the university made some sort of mistake during the investigation or hearing. If you try to argue for your innocence, your case will be over before it begins. Instead, you're trying to present “grounds” for your appeal, reasons why you deserve a new hearing or a lesser sanction. Only three arguments will work:
- The school failed to follow its own procedures in some way, and that denied you a fair chance at a just outcome.
- You have discovered new evidence that wasn't available at the time of the hearing and that new evidence could affect the hearing outcome.
- You were assigned a sanction that is grossly disproportionate to the nature of your offense.
- At the hearing, you faced a “board” of decision-makers. A majority of the board had to agree you were guilty. Now, just one person—the university provost—has complete responsibility for deciding your appeal.
- There are no meetings related to your appeal. You will not have the opportunity to make your arguments in person, to present physical evidence, or to call witnesses to testify. Your entire case must be contained in a written document.
- Unless you've uncovered new evidence, you must rely entirely on the record of the original hearing to prove you were treated unfairly.
- And finally, the very best outcome to an appeal is a new hearing. The provost cannot find you “innocent” or “Not Responsible.” They can reduce the severity of your sanction, order a new hearing, or reaffirm the original ruling.
So, while an appeal only involves one step, it requires an extraordinarily subtle and sophisticated approach. You must first comb through the hearing record, looking for proper grounds to support your appeal. You must then draft a document that is both compelling and clear. Most ordinary lawyers aren't qualified to put together a competent student appeal. The attorneys at the Lento Law Firm have a unique combination of knowledge and experience from having worked on so many student defense cases. In addition, we have relationships with Offices of General Counsel at universities across the country. These are attorneys who offer schools legal advice, and these relationships have given us important insight into what constitutes the strongest, most effective arguments. No one gives you a better chance of success than the Lento Law Firm's Student Defense Team.
What's at Stake
If it sounds like an appeal is a tough fight, that's because it is. It's one you must take on, though.
The thing is, if you've found your way here, it likely means the University of the Pacific issued a serious sanction in your case, such as suspension or dismissal. These can have a long-lasting impact on your academic and professional futures. Of course, if you've been dismissed, it means leaving the university and giving up any progress you've made to this point. You can return from a suspension, but many students don't. It's hard to go back to classes and studying once you've been out on the job market for any length of time. More importantly, both sanctions include transcript notations about your offense. That can keep you from transferring elsewhere and even interfere with job applications. There's simply too much at stake not to keep fighting.
The good news is that you can win your appeal. The whole purpose of an appeal is to ensure the university didn't make a mistake in your case, and it turns out universities are prone to mistakes when it comes to justice. The thing is, chemistry professors and third-year music majors aren't exactly qualified to run judicial systems. You only need to uncover one mistake to warrant a new hearing.
Plus, this time around, you're not alone. The Lento Law Firm is on your side. If anyone finds a mistake in the case record, we can help. We're also highly experienced at drafting appeals documents. And no matter what, we're on your side and ready to fight for your future.
Fight For Your Future
Of course, 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. You deserve justice, though, and what the Lento Law Firm's Student Defense Team can promise you is that we will fight hard to get you that justice. We'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. Ten days is not long to put together a strong appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
