You didn't hire an attorney when you were charged with disciplinary misconduct at Utah State. You thought the charge wasn't serious enough, or the process wouldn't be all that complicated, or the sanction would be minor. Maybe you didn't want to get your parents involved, or you assumed that inviting a lawyer in to work on your case would convince USU you were responsible (guilty).
You still have a chance to salvage your career. An appeal can be a tricky process, though. Don't waste your opportunity by trying to deal with that process yourself.
The Lento Law Firm's Student Defense Team was founded to protect student rights. We've helped hundreds of students defend themselves from all types of charges. We know the Utah State University disciplinary system, including how to file appeals, and we are always on your side, no matter what the particulars of the situation might be.
We're here for you whenever you need us, but you must act quickly. USU gives you just ten days from the end of your hearing to file. That's not a lot of time. 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 Utah State
An appeal can be tough, but you can win.
Let's talk about the tough part first.
- Your position is definitely weaker now. You've been found responsible for an offense. That finding might be wrong or unfair, but for now, it is the prevailing state of affairs. An appeal is not a second chance at a hearing, and it is not an opportunity to re-argue your innocence. You must reorient your thinking, and that's never easy.
- If you aren't re-arguing your case, what are you doing in an appeal? “Grounds” for an appeal have to do with fairness. To gain a new hearing, you need to convince the university that you were denied a fair chance to make your case at the hearing. There are only four possibilities:
- The original investigation and hearing did not follow established university procedures.
- The outcome in the case was not based on a “preponderance of evidence,” the standard in campus disciplinary hearings.
- New evidence has arisen, and you should be allowed the opportunity to present that evidence.
- The sanction in the case is more severe than the offense deserves.
- You are making an allegation against the university. That means the playing field has shifted. As the respondent (the accused), you were entitled to a presumption of "not responsible" ("not guilty"). Now the university is the accused, and it has the presumption of "not responsible." The university had to come up with a preponderance of evidence to find you responsible. The burden is now on you to come up with a preponderance of evidence proving you were treated unfairly.
- An Appeals Board, different from the original Hearing Board, will hear your case. However, there are no “hearings” in appeals cases. You will not have the chance to make your arguments in person or examine witnesses. Your arguments and your evidence—your entire case—must be contained in your written appeal.
- Your evidence must be drawn from the record of the original hearing. The only exception is if you have new evidence, discovered since your hearing, to present. In this case, the evidence is not used to prove your innocence but rather to prove that you deserve a new hearing.
- A new hearing is the best possible outcome in an appeals case. The Board cannot find you “not responsible.” It can affirm the original hearing or lessen your sanction. Or it can order a new hearing, a new chance for you to present your defense.
When you call the Lento Law Firm, an attorney will immediately go over your case with you. Remember: you have just ten days to file your appeal. Your attorney will comb through the record of the original hearing, looking for grounds to support your appeal. Once they've identified those grounds, they'll draft the appeal itself. They'll also make sure it is filed properly and on time.
Most importantly, though, your Lento Law Firm attorney will closely monitor your appeal to ensure you're treated fairly and that you get the justice you deserve.
What's at Stake?
So an appeal is tough. As we mentioned, though, it's necessary.
First, you cannot afford to accept a responsible outcome. If you've found your way to this page, you're likely facing a serious sanction—suspension or dismissal. Both can have profound effects on your academic and professional futures. Obviously, if you've been dismissed, your career at USU is over. You'll also have a transcript notation to contend with, and that almost certainly means you can't transfer elsewhere. You'll have to make it in the job market the best you can with no degree.
Suspension is a somewhat better position to be in, but not much. You can return to USU and finish your degree, but you may have to do that without financial aid. Your responsible finding may have affected your scholarships and even loans. More importantly, even if you graduate, you'll also have a transcript notation.
Just as importantly, no matter how difficult an appeal may be, you can win. In fact, students win cases on appeal all the time. Colleges and universities aren't particularly good at dispensing justice. As smart as faculty, students, and administrators are, they're not trained in judicial procedures and legal ethics. They make mistakes—lots of mistakes. It only takes one to earn you a new hearing.
One Final Option
A Lento Law Firm can be a powerful ally during an appeal. They can make sure you understand the process, and they can offer unique insight into what makes for the strongest arguments. They may be able to help you after an appeal as well, even if you've lost your case.
The Lento Law Firm has been helping students for a number of years. Along the way, we've developed relationships with some pretty powerful university representatives, representatives who can sometimes help us negotiate a resolution beyond the usual disciplinary channels.
Every school has an Office of General Counsel, or OGC. These are attorneys hired to provide the university with advice, and their suggestions when it comes to disciplinary matters carry enormous weight. In the past, we have used our relationships with OGC to convince administrators to lessen sanctions, expunge transcripts, and even overturn hearing decisions altogether.
This is a service only we can offer, though. You cannot expect a local attorney to be able to rely on relationships like these. They're simply not equipped to deal with student cases the way we can.
How Can the Lento Law Firm Help?
Whether you're entirely innocent or simply looking to get fair treatment from Utah State University, 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.