You came here looking for answers, so let’s get right to it.
Yes, you can appeal your “responsible” (guilty) finding at North Carolina A&T State University. A successful appeal won’t negate that responsible verdict, at least not by itself. But it could result in a reduced sanction or a new hearing.
The fact that you can file an appeal doesn’t mean it’s easy, though. A successful appeal requires nothing less than a complete reorientation in your approach to your case, and most students struggle to get a handle on arguments and evidence.
You don’t have to go through the process alone. The LLF National Law Firm is always on your side and ready to help you work through the issues of your appeal. Our Student Defense Team was founded to protect student rights, and we know how NCAT operates, including what’s involved in filing appeals. You can count on us to use every resource at our disposal to ensure you get the best possible resolution to your case.
Here’s the thing, though: you need to act quickly. NCAT gives you between seven and fourteen calendar days to file your appeal. That’s not a lot of time, and there’s a lot to do. Call the LLF National Law Firm today at 888-535-3686 to find out what we can do for your case, or use our online questionnaire to tell us more about your situation.
Filing Your Appeal
Filing an appeal at NCAT is actually relatively straightforward. However, it’s important you follow all the steps precisely. Get things wrong, and the university won’t even bother to consider your appeal.
- Your first job, of course, is to write your appeal. This is the tricky bit, and we’ll get into it in more detail below. For now, just know that you’ll need to provide the strongest possible arguments and the most compelling evidence you can come up with.
- While the disciplinary misconduct process is essentially the same no matter what you’ve been accused of doing, different decision-makers hear cases depending on the specific nature of the allegations. Likewise, you’ll need to file your appeal with the appropriate official depending on who originally heard your case. General student conduct violations are appealed to the Vice Chancellor for Student Affairs. The Student Supreme Court hears cases related to residence hall violations. If you’re facing suspension or dismissal, you also have the right to file your appeal with the board of trustees.
- There are no hearings in appeals cases. This means your writing must be crystal clear. You won’t have the chance to explain your arguments or clear up any confusion about your evidence.
- Decision-makers review your materials and the written record of the original hearing before coming up with a final determination in your case.
Again, an appeal cannot reverse the verdict in your case. Decision-makers have three options. They can affirm the original decision. They can reduce the terms of your sanction. They can remand the case for a new hearing.
Writing Your Appeal
So what makes an appeal so difficult? You write it, you file it, and you wait. What’s the big deal.
The big deal is that first bit—writing it. Most people assume that an appeal is a second chance to prove their innocence. They go on making the same arguments they made at their hearing, and they rely on the same evidence.
Appeals don’t have anything to do with guilt or innocence. That’s what hearings are about. Appeals are about whether or not the system worked correctly. The question isn’t whether you are guilty or innocent but rather whether you were treated fairly and whether you had a reasonable chance to present your defense. That limits your choice of argument. Essentially, your only option is to argue that the university failed to follow its own procedures. As a result, you were denied your right to due process, and you deserve another chance to present your case under fair circumstances.
If you win your appeal, you’ll once again be presumed innocent. Note that you don’t have that presumption right now, though. You’ve already been found responsible for an offense. In fact, it’s the university that is presumed innocent. You’re accusing it of mistreating you, but the working assumption is that it acted appropriately in your case. This means you must come up with a “preponderance of evidence” in order to overcome this presumption. According to this legal standard, you must demonstrate that it is “more likely than not” that you were mistreated.
Clearly, you face some challenges in filing an appeal. You can still win. Lots of students do. The thing is, colleges and universities aren’t equipped to deal with complex matters of justice. The disciplinary system isn’t run by attorneys and judges. It’s run by faculty, students, and administrators with minimal judicial training. In many ways, it would be surprising if they hadn’t made mistakes. It only takes one mistake to warrant a new hearing.
Plus, you’re not taking the system on by yourself this time around. You have the LLF National Law Firm on your side, and that can make all the difference. We know what qualifies as grounds for an appeal, and we’ve helped hundreds of students just like you get the justice they deserve.
One Final Option
An appeal is supposed to be your last shot at a new hearing. It is—within the context of the disciplinary misconduct system. You can try operating outside of that system, though. You can approach the NCAT administration directly and ask an official to intervene in your case.
Here’s how you do that.
Every school has an Office of General Counsel made up of attorneys who provide it with legal advice. The OGC makes sure the university follows the law. It protects schools from lawsuits. It may even have designed NCAT’s misconduct system.
The LLF National Law Firm has developed working relationships with OGC around the country. We rely on these relationships to help us better understand schools’ misconduct systems. We can also sometimes leverage these relationships to convince a university president or vice-president to negotiate a fair settlement.
What does a fair settlement look like? It could be a new hearing or the dismissal of charges. It could mean a lesser sanction. At a minimum, we can ask the university to remove your offense from your transcript. That could allow you to transfer to another school without worrying about how your record might affect your admission.
The LLF National Law Firm is Always on Your Side
Whether you’re entirely innocent or simply looking to get fair treatment from North Carolina A&T State University, you owe it to yourself to continue the fight. The LLF National Law Firm’s Student Defense Team is here and ready to help. We’ll guide you through the entire appeals process, make sure your case is airtight, and guarantee the college 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 LLF National Law Firm at 888-535-3686 or use our online form.