The University of Utah affords students accused of disciplinary misconduct the right to an advisor of their choosing. Too often, though, students try to handle their cases on their own. Maybe they're worried their parents will find out what's going on. Maybe they don't realize just how complicated a campus defense can be. Maybe they assume the sanction will be minor, nothing to worry about.
If you've been through the process and been found Responsible for (guilty of) an offense, you still have one chance to salvage your academic career: an appeal. As with investigations and hearings, you should never try to file such an appeal on your own. You need the best representation you can find, someone to help you understand the process and ensure you're treated fairly.
The Lento Law Firm's Student Defense Team was specifically founded to protect student rights. We understand the stakes, and we know the University of Utah system, including how appeals work. We've helped hundreds of students defend themselves, and we can do the same for you.
Don't wait to contact us, though. The University of Utah gives you just three days from the end of your hearing to file your appeal. That means 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 Utah
An appeal is actually a relatively straightforward procedure, at least in terms of the specific steps involved. Once you've identified grounds for your appeal, you write the appeal itself, offering your arguments and backing them with evidence. You turn this document in to the Associate Dean of Students, and you wait for a response.
The real trick to an appeal is recognizing that the circumstances of your case have changed. You're not simply rehashing the particulars of your original investigation and hearing. The arguments are different; the process is different. If you don't recognize those differences, your appeal is doomed right from the start.
- As a starting point, you are no longer "innocent." That might seem obvious, but it has some fundamental consequences you may not have considered. As long as you were "innocent until proven guilty," the "burden" in the case rested on the university. That is, the school had to come up with a "preponderance of evidence" to prove your responsibility. Ostensibly, it did that. Rightly or wrongly, a trained decision-maker found you guilty of the charges. Now, you are accusing the university of treating you unfairly in some way. This time around, the university is "innocent until proven guilty," and you bear the burden of overcoming the same "preponderance of the evidence" standard.
- Your disagreement with the hearing outcome is not sufficient grounds for an appeal. You are not simply re-arguing your case more forcefully. You are now trying to argue that the university mistreated you in some way. There are only three possibilities:
- The decision in the case was arbitrary or capricious;
- New evidence has arisen since the hearing that could potentially alter the hearing outcome;
- The sanction assigned in the case is disproportionate to the nature of the offense.
- The Appeals Panel does not hold public hearings. You will not have the opportunity to address panel members, to make your case in person, or to cross-examine witnesses. Everything about your appeal, including all arguments and evidence, must be contained in a written document.
- Unless you have uncovered significant new evidence related to the case, all of your evidence must be drawn from the record of the original hearing.
- The Appeals Panel cannot find you “not responsible” (innocent). It doesn't have that power. The issue is whether or not you deserve a lesser sanction or a new hearing. The best possible outcome is the chance to re-argue your case.
What is your Lento Law Firm attorney's responsibility throughout this process? First and foremost, they'll make sure you understand just how different an appeal is from a hearing. In addition, they'll go over the case with you, including the record of the original hearing, looking for grounds for an appeal. Once they've identified those grounds, they'll draft a document that states your case plainly and provides compelling, concrete evidence.
What's at Stake
Make no mistake—an appeal is, in many ways, a more difficult procedure than an investigation and hearing. Investigations and hearings are to determine whether or not a student is guilty of an offense. Appeals are simply a check on the system, a chance to make sure the t's were crossed and the i's were dotted. You've already used up a lot of your due process rights. Nevertheless, the appeals process is an important component of the justice system, and you owe it to yourself to continue your fight.
Keep in mind that the consequences of walking away at this point can be severe. If you've been dismissed, your transcript will include an account of that dismissal. Few schools will accept you with a record like that, which means you'll likely be heading onto the job market without a degree. You can return from a suspension--though it's difficult, and many students don't. Even if you eventually manage to graduate from the University of Utah, you'll also have a transcript notation to deal with, and that can cost you job opportunities.
There's another reason to continue your fight, though. You absolutely can win. The appeals process exists to correct mistakes in the system, and when it comes to justice, colleges and universities make lots of mistakes. That's what happens when you put students, faculty, and administrators in charge of weighty judicial issues that can make or break a student's future. So don't simply accept your fate. Keep pushing, keep fighting. We're here to help.
One Last Option
Most students don't realize that there's another important way an attorney—the right attorney, anyway—can help them. All colleges and universities retain legal counsel—lawyers or entire firms—to provide them with advice on all legal issues. These are known as Offices of General Counsel. Because Lento Law Firm attorneys work so frequently in the field of student rights, we maintain relationships with many OGCs. These relationships inform our approach to misconduct offenses. We can also sometimes use them to negotiate unique resolutions for our clients. Even if you should lose your appeal, we may negotiate a lesser sanction or ensure your transcript doesn't include a record of your offense. Only the Lento Law Firm offers 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 Utah, 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.
