Wake Forest University affords accused students a number of important due process rights. One right it does not grant students is the right to bring an attorney with them to investigative meetings and proceedings. This may be why you chose to go it alone during your investigation and hearing.
The Lento Law Firm is opposed on principle to this denial of your rights, and we believe it can lead to unfair outcomes. However, it's important you know that no one can prevent you from consulting with an attorney about your misconduct case. Even if your Lento Law Firm attorney can't accompany you to proceedings, they can play a crucial role in constructing your defense. They know how to uncover evidence and what makes for the most persuasive arguments. They can suggest questions for witnesses, draft documents on your behalf, and even coach you in presenting your case. They can do all of this even if they're not allowed to step foot on campus.
The good news is that your case isn't over just yet. You still have the right to appeal the hearing outcome. And this time around, you know what to do. The Lento Law Firm is the premier student representation firm in the country. Our Student Defense Team knows Wake Forest rules and regulations and how to use the judicial system to your best advantage.
You cannot afford to wait, though. From the moment you're notified of the hearing outcome, you have just fourteen calendar days to file your appeal. That's not a lot of time to prepare your case. 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 Wake Forest University
The first thing you need to know if you're going to file an appeal at Wake Forest is just what's involved in the process. The steps, as such, aren't terribly complicated. In fact, there's little to it other than writing up the appeal itself and submitting it to the dean of your school or college before the deadline.
Writing the appeal can be tricky, though. It requires nothing less than the entire reorientation of your case. You're no longer playing defense, and that puts you at something of a disadvantage. In addition, the arguments you've been making up to this point aren't going to work anymore.
- When you were initially charged with misconduct, WFU was obligated by its own policies to treat you as "Not Responsible." You had that presumption of innocence throughout the investigation and the hearing, up until the very moment when the panel determined you "Responsible." As a result, Wake Forest bore the burden of the case. Had it not proven you guilty, it could not have imposed a sanction. And while you almost certainly dispute that outcome, it has fundamentally changed the rules of the game. Your innocence is no longer in question. Instead, you're accusing the university of treating you unfairly during the investigation and the hearing. You now bear the burden of proving the school made a mistake. That's always a tougher position.
- Another important difference—you're limited in what arguments you can put forward. You had your choice of dozens of arguments to prove your innocence at the hearing. There are only four arguments, or “grounds,” for an appeal, though.
- You can argue that the weight of the evidence does not actually support a Responsible finding.
- You can argue that the sanction is disproportionate to the offense.
- You can present new evidence not available at the time of the hearing that could potentially have altered the outcome.
- You can argue that some procedural error prevented you from receiving a fair hearing.
- You are no longer entitled to a panel review. The dean of your school or college is now the sole arbiter of your fate. In addition, their decision is final.
- There are no hearings in appeals cases. You won't get to use your vocal delivery or presence to influence the Appellate Officer. You won't get to point to physical evidence, and you won't get to call witnesses to testify.
- Unless you have new evidence to present, you must back your points up with details from the original hearing transcript. Evidence of your “innocence” you may have presented at that hearing is no longer relevant.
- The best outcome in an appeal is a new hearing. The dean cannot decide you are innocent. They can affirm that you are guilty, reduce the terms of your sanction, or remand the case back to the Office of Student Conduct.
If you can wrap your mind around these differences, you have a decent chance at a successful appeal. Keep in mind that you have the Lento Law Firm attorney on your side now. They'll review your entire case. If there are grounds for an appeal, you can count on them to find it. They'll also write the document itself, ensuring it is both clear and compelling.
What's at Stake
Plenty of students walk away at this point. You've endured an allegation. You've been through an investigation and a hearing. You lost your case. An appeal seems like an uphill battle, and what's the point now?
The thing is, you have nothing to lose by filing an appeal and everything to gain. If you've found your way to this page, it means you're probably facing suspension or dismissal. Those are serious punishments in and of themselves. The more serious penalty, though, is the transcript notation that comes with them. That makes it unlikely you can transfer to another school. Once they see you've been dismissed from WFU, they'll look for other candidates. Suspension does give you the right to return and finish your degree. You may very well lose your financial aid in the meantime, though, and that can make it hard to pay for courses. Plus, you'll still have to deal with that transcript notation when you apply for jobs.
Maybe more importantly, though, you can win your case. We know—it's a daunting prospect, and it seems like the system is stacked against you. Appeals aren't meant to be as easy as a basic defense. They serve a vital function in a judicial system, though. They provide WFU with the chance to correct mistakes.
The thing is, colleges and universities make a lot of mistakes when it comes to student justice. Professors have trouble putting aside their prejudices when they sit on hearing panels. They aren't good at making decisions when it comes to which evidence to accept and which to deny. Far too often, they choose extreme sanctions when probation would do. It only takes one mistake to warrant a new hearing, and the Lento Law Firm knows exactly what to look for.
Fight For Your Future
Whether you're entirely innocent or you're simply looking to get fair treatment from the Wake Forest 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 Wake Forest 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.
