VCU allows students accused of disciplinary misconduct to bring a support person with them, and they can choose anyone they want for this role. They're also very clear, though, that this support person may not speak during proceedings. They are at meetings and hearings strictly to provide moral support and to monitor the proceedings. It makes sense, given that restriction, that you might think twice about hiring an attorney to help you with your case. Or maybe you simply didn't expect campus judicial procedures to be complicated or the sanctions to be so severe.
You still have a chance to salvage your university career. However, an appeal is a complex process, and you don't want to undertake it alone. Luckily, you've found your way here.
The Lento Law Firm is the premier firm in the country when it comes to student representation. Our Student Defense Team was founded to protect student rights. We know the law, we know how Virginia Commonwealth operates, and we're always on your side. We've helped hundreds of students appeal their cases, and we're ready to fight to make sure you're treated fairly.
You cannot afford to wait, though. VCU gives you just five business days to file your appeal, and that's not a lot of time to get all of your materials together. 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 Virginia Commonwealth University
The appeals process itself is relatively simple at VCU. You write up a list of arguments explaining why you feel you were treated unfairly during the investigation and hearing, attach some evidence, and submit everything to VCU's Conduct Appeal Board (CAB). Then you wait.
The difficulty is in changing your mindset. Everything, from the arguments you make to how you go about making them, is different when it comes to appeals.
- You are no longer arguing over your innocence. That question has been decided. You cannot simply present the CAB with a written version of everything you said at the hearing and expect a different resolution.
- You've been found “Responsible for” (guilty of) an offense. Where before you were presumed innocent and treated as such, but now you are presumed guilty, and you can be expected to be treated as such.
- The burden in the case has shifted. CVU bore the burden of proving your guilt with clear evidence. Now, you bear the burden of proving the university mistreated you in some way during the process of the investigation and hearing.
- Your choice of arguments is extremely limited. CVU accepts only two.
- Either some error occurred in procedures that prevented you from getting a fair hearing;
- Or some new evidence has arisen that wasn't available at the time of the hearing and that could potentially alter the outcome.
- The CAB does not hold hearings. On the one hand, that saves you the trouble of preparing opening statements and questions for witnesses. On the other, it means you cannot use your voice or your overall demeanor to help persuade decision-makers. Your entire argument is dependent on how well you can write.
- Your choice of evidence is restricted as well. Unless you have discovered new evidence, all of your points must be supported through reference to the hearing record.
- "Winning" your appeal does not mean you've been found innocent. The CAB has only two options. It can affirm the hearing decision, or it can remand the case back for a new hearing. "Winning," then, means starting over and working to prove your innocence all over again.
Your Lento Law Firm attorney won't just come up with some arguments, write them up, and submit them to the CAB. They'll start by sitting down with you and going over your entire case. Then, they'll examine the record of the original hearing, looking for grounds for your appeal. That can be a delicate process involving subtle interpretations of school policy as well as what is contained in the record. Formulating arguments can be challenging as well. Finally, they'll put together an appeal that puts forward your strongest case and delivers it in a way that is clear and compelling.
What's at Stake
We get it. By this point, you're completely worn out. You've endured an allegation, an investigation, an administrative hearing, and a Student Conduct Board hearing. An appeal sounds like an awful lot of trouble with no guarantee of success. You need to keep three important facts in mind before you give up and walk away from VCU.
First, walking away at this point will have enormous and long-lasting consequences. You are not just walking away from VCU but from your entire academic career. Dismissal includes a transcription notation describing your offense. That will keep you out of almost any other college or university.
Maybe you're facing suspension instead of dismissal. You can finish your degree, though that's often easier said than done--it's never easy returning to school after a long break. You also have a transcription notation to contend with, though, and that can have a negative effect on your ultimate earning potential.
Second, despite the many challenges you're facing, you can win your appeal. Lots of students do. Faculty and students—the people who are, by and large, responsible for campus justice—have minimal training in judicial procedure. For that matter, most judicial procedures on campus are relaxed. Often, for example, decision-makers may accept hearsay evidence. In many cases, what seems like a good idea during a hearing turns out to be a violation of a student's rights. The appeals process exists to correct such mistakes, and it's your right to take advantage of it.
Finally, this time around, you have the Lento Law Firm on your side. We know what's at stake, and we know what procedures you're facing. We'll make sure you successfully navigate the process, and we'll give you the best possible opportunity to obtain justice.
Fight For Your Future
Whether you're entirely innocent or you're looking to get fair treatment from VCU, 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 your rights are respected.
As we said in the beginning, though, you cannot afford to wait. Five days is not long to put together a strong appeal. Get started now. Contact the Lento Law Firm at 888-535-3686 or use our online form.
