Most students—most people—don't really understand the nature of appeals. They assume it's a chance to re-argue their case or complain about the outcome. An appeal is a valuable right granted to you by West Virginia University's disciplinary process. It's designed to protect you and ensure you get a fair result. It's very different from an investigation or a hearing, though, and if you're not clear on what you're facing, you have little chance of success.
You may have tried handling your case on your own during the initial investigation and hearing. This is your last chance to demonstrate you're not responsible for (innocent of) the offense, though, and you want to make the absolute most of it. That means you're always going to be better off with an attorney on your side.
Make sure you choose the right attorney. The Lento Law Firm's Student Defense Team was founded to protect student rights. We understand what you're going through, and we're clear on the stakes. We also know WVU disciplinary processes and procedures and how to use them to ensure you're treated fairly.
We can help you challenge the outcome of your case, but it is important you act quickly. UWV gives you just five calendar days to file your appeal. That's not a lot of time to build your case. Call the Lento Law Firm today at 888-535-3686, or use our online questionnaire to tell us more about your situation.
Filing an Appeal at the University of West Virginia
An appeal can seem like an easy process. There's actually not a lot to do. You write the appeal, you file the appeal, and you wait. You don't have to visit with investigators. You don't have to prepare a formal presentation.
The trick, though, is in understanding the nature of an appeal. That can make the difference between success and failure.
- First and foremost, it's important you recognize that you've been found responsible for an offense. That may seem obvious, but it changes everything about your case. It's pointless, for example, to continue arguing that you're innocent. Any Appeals Official will ignore such arguments.
- Instead, you need to argue that you were mistreated by the disciplinary process--in some way denied the chance to make your case fairly. That's the purpose of an appeal: to correct procedural errors.
- You can argue that some procedural error occurred that interfered with your defense.
- You can argue that new evidence has arisen that wasn't available at the time of the hearing, but could have altered the outcome.
- You can argue that the Decision-Maker at your original hearing had some bias against you that may have colored their decision.
- In addition, the burden in the case has shifted. As the respondent (the accused), you were entitled to a presumption of innocence ("not responsible"). The university had to come up with a "preponderance of evidence" to overcome that presumption. This time around, you're accusing the university. That means the university has the presumption of innocence, and you have the burden of providing a "preponderance of evidence" proving it mistreated you.
- There are no hearings in appeals cases. You won't get to make your arguments in your own voice or cross-examine witnesses. Everything about your case must be contained in the text of your appeal.
- In most cases, you're not allowed to present evidence you didn't present at the hearing. You're not re-arguing your case. The one exception is new evidence. Even here, though, you're not using that evidence to prove your innocence, only to demonstrate that your case warrants a second look.
- Appeals Officers can't overturn your hearing outcome. They can affirm that outcome, or they can order a brand-new hearing—a chance to start all over again.
This time around, you're not alone in making your case. That can make an enormous difference to the outcome. Your Lento Law Firm attorney will work with you to comb through evidence and come up with grounds for your appeal. They'll make sure your arguments are well-supported. And they'll draft the appeal itself on your behalf.
The Stakes
If it seems like an appeal is an uphill battle, that's because it is. It's a batter you need to fight, though.
The thing is, you can't afford to simply walk away at this point, even if that's a strong temptation. Yes, the investigation and hearing were draining, and you lost, which can be demoralizing. A responsible verdict means suspension or dismissal, though, and a transcript notation that explains the nature of your offense. Try transferring to another school with a notation on your record. The more likely outcome is that you'll wind up looking for a job with no degree at all.
It's just as true, though, that you can win your appeal. As daunting as the process may seem, it exists for a reason: to correct mistakes. And colleges and universities tend to make a lot of mistakes when it comes to discipline. Most cases are heard by a single administrator with minimal legal training. They frequently make procedural errors and all too often allow their personal feelings to color their decisions. The appeals process exists for a reason. Take full advantage of it.
Using the OGC
Even a lost appeal isn't necessarily the end of your case. It is always possible to submit your case to your university's Office of General Counsel.
The Office of General Counsel is made up of attorneys or, in some cases, entire firms hired by the university to offer advice on all legal matters. As you might expect, these officers are pretty anxious to avoid scandal and the possibility of a lawsuit. As a result, it's sometimes possible to convince them to minimize a sanction or even dismiss a case if you have a compelling argument.
Because we work in the field of student defense, Lento Law Firm attorneys have relationships with OGC across the country. Even if we don't know your WVU OGC, we can rely on the people we do know to provide us with unique insight into how to approach these officials.
You're Not Alone in This Fight
Whether you're entirely innocent or simply looking to get fair treatment from the University of West Virginia, 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.
