If you've found your way to this page, you're probably in trouble. You've already been through the Vanderbilt judicial process. You endured an investigation, you went through a hearing, and ultimately, the university found you Responsible (guilty). If you're here, it likely means that you were assigned a serious sanction—suspension or maybe dismissal. And again, if you're here, it almost certainly means that you didn't use an attorney before, but you now realize just how important having one on your side can be.
We get it. Vanderbilt doesn't allow attorneys to accompany students to disciplinary meetings and proceedings, not even merely to offer advice. That may have convinced you you didn't need an attorney. Or you may have felt that if you couldn't bring your attorney to the hearing, there wasn't any point in having one at all.
Luckily, you understand now just how much a lawyer can do for you, even if they can't sit beside you and help you answer questions. You've also come to the right place. The Lento Law Firm is the premier law firm in the country for student cases. Our Student Discipline Team has handled every possible type of misconduct charge, and we're familiar with all aspects of campus judicial procedures, including appeals. We know your rights under the law, and we know how Vanderbilt operates.
The only question, then, is what we can do for you. To find out, call 888-535-3686. Or use our online questionnaire right now to tell us more about your case. Don't wait, though. Vanderbilt gives you just ten calendar days from the conclusion of your hearing to file an appeal.
The Appeals Process at Vanderbilt University
You should never be shy about filing an appeal. In the first place, the stakes are simply too high to walk away from VU now. If you've been suspended or dismissed, that's noted on your transcript. You'll find it virtually impossible to find a school to accept you with a serious misconduct violation on your record.
In the second place, the right to appeal is one of your fundamental due process rights. Like the right to a presumption of Not Responsible (innocent) and the right to review evidence in the case, Vanderbilt grants you this right as a way to ensure justice is done in your case. You should take advantage of it.
You need to know, however, that an appeal isn't like your original hearing. It's different in a practical sense: you don't get to make arguments before a decision-maker or a panel of decision-makers. You don't get to introduce evidence or call witnesses to testify. You don't get to raise questions about the other side's arguments or cross-examine witnesses.
It's also different in a more fundamental sense: appeals aren't about guilt or innocence. For better or worse—in this case, worse—the hearing decision-makers already decided that matter. An appeal is meant to determine if you were treated fairly during the process. In fact, in most cases, the Appellate Board does not have the authority to overturn a hearing decision. Instead, it identifies the issue in question and remands the case back for a new hearing.
All this means you face a higher burden in filing an appeal than you did in simply defending yourself. For example, before the Appellate Board will even hear your case, they must determine that you have appropriate "grounds" for appeal. Again, you aren't arguing your innocence. You are arguing that you were treated unfairly in some way. That can often be hard to prove. Plus, grounds for appeal at Vanderbilt are limited to:
- Procedural irregularities significant enough to have affected the outcome;
- A decision by the hearing panel that is clearly not supported by evidence in the case;
- The discovery of new evidence that could have a bearing on the outcome of the case;
- A sanction that is clearly more severe than the offense warrants.
Assuming you can establish grounds for your appeal, you then face additional hurdles in proving that you deserve a new hearing.
- First, you are no longer presumed Not Responsible (innocent). In fact, you've been found Responsible. In the eyes of Vanderbilt's judicial system, you are guilty. The burden is squarely on your shoulders to prove that you were mistreated in some way.
- There is no hearing. Not only are the issues restricted to issues of procedural fairness, but decision-makers won't get to hear your voice. Your documents, including your appeal itself, must do the talking for you.
- The Appellate Board isn't allowed to consider any information beyond the record of the original hearing unless you've discovered new evidence. They will not call or recall witnesses; they will not reexamine evidence.
We cannot say it strongly enough: you must fight for your academic future until the bitter end. The stakes are too high to give up. It's also the case that students can and do win appeals. Campus justice doesn't work the way courtroom justice does. You weren't judged by a seasoned legal mind. You likely presented your case in front of a handful of faculty, some students, and maybe an administrator or two. Under those kinds of circumstances, mistakes happen all the time.
You do need to know, though, that you face an uphill battle, one you can't try to take on alone. You need someone on your side to help you review the case record and collect evidence from that record, someone who can work with you to draft a compelling document, and someone with the background to protect your rights at every step of the way. You need someone from the Lento Law Firm.
Fight For Your Future
We won't sugarcoat it: you're in a difficult situation with limited options. You don't have a lot of rights left to you, and you've already been found “Responsible” for an offense. Given those parameters, we can't promise to win your appeal. No one can. Here's what we can promise you, though: no one gives you a better chance of winning your appeal than the Lento Law Firm's Student Defense Team. No one knows the system the way we do, and no one is better positioned to leverage that system to your benefit. If you know you are innocent, if you believe you've been treated unfairly, we can help.
You cannot afford to wait, though. The window for filing your appeal at Vanderbilt University is just ten days. That's not a lot of time to build your defense. Contact the Lento Law Firm today at 888-535-3686 or use our online form.
