A disciplinary misconduct case can be a stressful, frustrating experience. We know; we've represented hundreds of students.
- You're supposed to be treated as innocent ("Not Responsible") until proven guilty ("Responsible"). In reality, the university accused you of an offense, so it has a vested interest in finding you Responsible.
- The university doesn't have to find you guilty “beyond a reasonable doubt.” If decision-makers think it's “more likely than not” that you committed an offense, that's enough.
- And let's talk about those decision-makers. You didn't face prosecutors and seasoned judges. You faced chemistry professors, English T.A.s, and fourth-year engineering students. Is it any wonder this group might have made some mistakes in your case?
That's why the right to appeal is so important. Despite all of the holes in the University of Wisconsin disciplinary system, UW-Madison does want to get things right. It does want to make sure you were treated fairly, and that justice was done. An appeal is a check on the system, your chance to say if you think you were mistreated.
An appeal isn't an easy process, though, and you don't want to go through it alone. You need the very best help you can get. You need someone from the Lento Law Firm. Our Student Defense Team has helped hundreds of students defend themselves from all types of charges. We know the law, and we know how the University of Wisconsin-Madison system works, including how to file appeals. We'll protect your rights and make sure you get the best possible resolution to your case.
To find out more about how we can help, call 888-535-3686 or use our online questionnaire to tell us more about your case. Don't wait, though. UW-Madison gives you just five days to file your appeal. That's not a lot of time.
The Appeals Process at the University of Wisconsin-Madison
The first thing you need to know about an appeal is that it is not a hearing. The purpose is different, and so is the process.
Let's start with the fact that you are no longer "innocent" the way you were when your case began. When you were charged, UW-Madison was required by its own policies to treat you as "Not Responsible" (innocent) until you were proven "Responsible" (guilty). Now you've been through a hearing, though, and—right or wrong—you've been found Responsible for your offense.
As a result of this fact, the burden of proof is now on you. You may have offered proof of your innocence at your hearing, but you didn't have to. The university had the burden of proving you were guilty. Now, the roles are reversed. You're trying to prove that the university made a mistake, that you were treated unfairly in some way. The university is assumed to have done things properly, and you have the burden to convince decision-makers otherwise.
When we say the issue is whether or not you were treated fairly, we don't mean whether or not you agree with the outcome of the hearing. The central issue in an appeal is not whether or not you are innocent of the offense. That has already been decided. The issue is whether or not the university gave you a fair chance to defend yourself. In appeals, you don't offer arguments. You offer "grounds" for your appeal and reasons why you think you deserve another chance to defend yourself. UW-Madison recognizes just three grounds for appeal:
- The information in the record does not actually support the findings.
- The university did not follow appropriate procedures in your case.
- The decision was based on factors proscribed by Wisconsin law.
There are other key differences between hearings and appeals as well.
- You are not allowed to present your case in an appeal. That is, you will not meet with decision-makers in person. They make their decisions behind closed doors. Your entire case must be contained in a single written document.
- Evidence in the case is limited to the record of the hearing. You're trying to demonstrate you were mistreated during the hearing, and evidence of your innocence or anything else unconnected to that question is irrelevant.
- You may have faced a panel of decision-makers in your hearing. Now, your fate is in the hands of one university administrator.
- Winning your appeal does not mean you are innocent. In most cases, it means the appeals administrator will require a new hearing, a new chance for you to prove your innocence.
What's at Stake
Put simply, appeals can be challenging, and as with any aspect of campus justice, there is no guarantee of success. That doesn't mean you shouldn't appeal. The fact is, there's too much at stake not to appeal.
If you've been dismissed from UW-Madison, that dismissal can have enormous implications for your future. Not only does a dismissal mean giving up your academic progress at UW-M, but it could keep you from enrolling anywhere else. Schools usually aren't anxious to admit students with a record of misconduct. You could very well be heading out onto the job market with no degree whatsoever.
If you're facing suspension, you can return to UW-Madison and graduate. However, your transcript will reflect that you were found guilty of an offense. That will almost certainly have an effect on your job applications.
There is nothing to be lost by continuing your fight and everything to be gained.
Fight For Your Future
Appealing your case won't be easy. You're not doing it on your own, though. The Lento Law Firm attorney can help you develop your defense. They can review the hearing record with you and look for evidence of procedural errors. They can draft a compelling document that makes your arguments clear. Most important of all, they can monitor your case and ensure you're treated fairly.
Maybe you tried to handle your investigation and hearing yourself. You found out just how complicated justice at UW-Madison can be. Let the Lento Law Firm's Student Defense Team help this time. No one knows the system the way we do. No one can help you navigate that system the way we can. No one can show you how to leverage that system to your benefit like we can.
We said it before, though: you cannot afford to wait. The window for filing your appeal at UW-Madison is just five business days. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
