If you've been found responsible for (guilty of) a misconduct offense at Utah Valley University, we have good news: your case may not be over just yet. As part of its due process protections, Utah Valley University provides every student with the right to appeal a responsible outcome.
There's even better news, though. You're allowed attorney representation throughout the appeals process. While UVU limits attorney participation to an advisory role during investigations and hearings, attorneys are allowed to speak for their clients during appeals hearings, a significant advantage in mounting your defense.
It's important you make the most of this opportunity, though, by choosing the right attorney. Local and family attorneys won't have the knowledge and experience to protect your rights. The attorneys at the Lento Law Firm do. Our Student Defense Team was founded to represent student clients in campus misconduct cases. We know how UVU's judicial system operates and how to use processes and procedures to your benefit.
Unfortunately, Utah Valley gives you just five 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 Utah Valley University
An appeal is a very different process from an investigation and a hearing, and it's important you reorient your thinking.
As a starting point, you are no longer innocent (“Not Responsible”) of the charges. This may seem obvious, but the implications are profound. To this point, you've had the presumption of innocence. That's not just a nice phrase. As a practical matter, it means the university had the entire burden of proving you committed the offense. You may have offered some evidence of your innocence, but you didn't have to.
Now, the situation has changed. The "presumption" is that you were found responsible after a fair hearing. The burden is now on you to prove otherwise.
Keep in mind that the responsible verdict doesn't necessarily mean you were treated "unfairly." You cannot simply re-argue your case, present evidence of your innocence, and expect to win your appeal. In fact, UVU limits you to just four possible arguments, and none of them have to do with your innocence.
- You can argue some new piece of evidence, evidence not available at the original hearing, could potentially have altered the case outcome.
- You can argue that the university failed to follow its own procedures in some significant way and that this cost you the opportunity at a fair outcome.
- You can argue that the hearing decision is not actually based on factual evidence.
- You can argue that the sanction the university has imposed is disproportionate to the nature of the offense.
In this context, your Lento Law Firm attorney's first job is to sit down with you and go over the entire case record, looking for grounds for your appeal. Once they've identified these grounds, they'll work with you to draft the written portion of the appeal, ensuring your arguments are clear, compelling, and supported by concrete evidence.
UVU is relatively unique in offering students the opportunity to be heard as part of their appeals. This means you'll have a chance to make your arguments in person to the appeals panel. Even better, your attorney can present your arguments on your behalf. The panel allows each side to speak for up to 60 minutes, during which time your Lento Law Firm attorney will clarify all of your grounds for appeal and direct the panel's attention to relevant evidence.
It's important to note that the appeals panel cannot overturn the original hearing outcome. However, it can order a new hearing, giving you another chance to present the full case for your innocence.
What's at Stake
As the above description suggests, you're at some disadvantage at this point in your case. For instance, you've used up some of your important due process rights, and the playing field is now slanted toward the university.
It's important you keep up the fight, though.
For one thing, there's simply too much at stake at this point to walk away. You may have resigned yourself to suspension or dismissal. You may have come to terms with an interruption in your studies or even the end of your studies at UVU. Have you come to terms with the notation your transcript will carry from now on? Any time you provide your grades to another school, employer, or anyone else, they'll know you were found responsible for a serious offense. That can keep you from transferring elsewhere. Even if you return to UVU and manage to complete your degree, it can hurt job applications. If you possibly can, you want to avoid that notation.
It's also true, though, that you have every chance of success at this point. Despite the fact that you face some challenges as part of the judicial process, you also have some advantages. One of these is the fact that universities make lots of mistakes during investigations and hearings. As you're probably painfully aware at this point, your case wasn't handled by seasoned prosecutors. You didn't face a qualified judge without years of experience on the bench. All the decisions were made by faculty, administrators, and other students. Honestly, it would be surprising if mistakes hadn't been made. Those mistakes cost you your shot at a fair outcome. Now, however, you can use them to correct that outcome.
Plus, you're not on your own this time around. You have a Lento Law Firm attorney on your side. If there are grounds for an appeal, you can expect us to find them. We'll fight hard for you, and we have some advantages other attorneys don't. We do this every day—represent students. We know how to talk to faculty and administrators and what they look for in terms of evidence. In addition, we maintain strong relationships with Offices of General Counsel across the country. These are attorneys hired to advise colleges and universities on how to handle judicial matters. One of these attorneys will preside over your appeal hearing. We know exactly what to expect, and we know exactly how to protect you.
Fight for Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from Utah Valley 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.
