You may have been shocked or scared to learn you were accused of misconduct at Liberty University (LU). The disciplinary process at LU happens fast. Likely, everything felt out of your control. Most likely, you got an email saying you had been accused of misconduct and a date for a few days later for a hearing. As a student, you are used to listening to school officials, and the disciplinary process was no different. Most likely, you didn't have the time from that initial email to the hearing to become an expert in LU disciplinary policies and procedures and take a crash course in college disciplinary action defense. Now, you have received an email notifying you that LU officials have found you guilty of misconduct, and you are facing serious consequences.
Now is not the time to throw in the towel – you may be eligible to file an appeal. At the Lento Law Firm, our Student Defense Team will review your case and look for any opening for an appeal. Even if you think everything was above board in your case, your Lento Law Firm attorney is well-versed in spotting student rights violations and strategizing appeals. Let us help you today by calling 888-535-3686 or using our online form.
Filing Your Liberty University Disciplinary Appeal
Your appeal must be filed in your online student account, but a link can be found on the LU disciplinary appeals website. Your university has one of the shortest appeal periods in the country; you only have 48 hours, regardless of holiday or weekend status, to file a written appeal after you receive notice of the sanctions against you. When you receive a notice of sanctions, contact the Lento Law Firm immediately. The more time we have to learn your case and draft your appeal, the better your chances of a better outcome on appeal are.
Grounds for Appeal
Your appeal must include your grounds for appeal. Liberty University allows its students to appeal their disciplinary action determinations on three grounds. First, a procedural error prevented you from a fair or impartial investigation or hearing. The error must be significant enough that it could have affected the outcome of your case.
The second ground for appeal is that new evidence was not available at the time of the original investigation. The evidence must be material, which means that it could have been used as a defense and affected the outcome of your case.
Lastly, you can appeal your disciplinary determination if the sanctions are inappropriate. This takes into consideration your prior conduct at LU, whether the sanctions are consistent with those of other students who committed the same violation, and other relevant information.
The Reviewing Body
Liberty University allows appealing students to request which appellate body they want to review their case. When you don't make a request in your appeal for a specific appellate body, the Student Appeals Court will decide for you. You will be notified immediately if the appeal denies taking your case and refers it to a different appellate body. The appellate bodies at LU are:
- Resident Director
- Associate Director of Community Life
- Director of Community Life
- Dean of Students
- Student Appeals Court
- Student Affairs Representative
- Judicial Review Board
- Executive Vice President for Student Affairs
Which appellate body you should request and which you will ultimately be assigned will depend on the nature of your case and the proposed sanctions. Not every appellate body has the authority to hear every case. If you are considering an appeal with the guidance of legal counsel, you have probably received a serious disciplinary sanction, such as probation, suspension, or expulsion.
The most serious cases are typically heard by the Dean of Students, Executive Vice President for Student Affairs, and the Judicial Review Board. Suspensions will be heard by the Dean of Students or the Judicial Review Board. The only appellate bodies with authority to hear cases involving expulsion are the Dean of Students and the Executive Vice President for Student Affairs.
How Appeals are Reviewed
Your case isn't being reheard on appeal; there won't be another hearing, witnesses heard, or new defenses presented. Your appeal is your opportunity to argue whatever the basis is for your appeal. The purpose of an appeal is to ensure the disciplinary process and the consequences are fair.
The appellate body or individual will review the written appeal and anything in the case record it believes is relevant. They will then decide if there are any grounds for an appeal using a preponderance of the evidence standard. This just means it was more likely than not that you met the grounds for appeal that you claimed. The original determination and sanctions are upheld if they decide that no ground for appeal was met.
If they determine a ground for appeal was met, they can choose whether to overturn or modify the original decision and sanctions. Whatever the appellate body decides will be sent to you in writing.
All appeals are final, so it is important you have the Lento Law Firm fighting for you. You have gone through the disciplinary process thus far without assistance, but this is your last chance. Whether you didn't know having an attorney advise you was an option, LU officials discouraged you from contacting an attorney, or you thought you could handle the matter on your own, now is the time to call in reinforcements.
At the Lento Law Firm, we handle cases like yours every day. Our Student Defense Team knows all the tactics schools use to make you feel powerless in the disciplinary process. Your Lento Law Firm attorney will thoroughly review your case and hear your side of the story, from the alleged incident of misconduct through your hearing. Even if you think the process was standard, our Student Defense Team can tell you if any action LU took violated your rights.
Retain the Lento Law Firm Student Defense Team Today
You need the Lento Law Firm Student Defense Team when your future is on the line. Your attorney will do everything in their power to reduce or eliminate the sanctions against you upon appeal. It's time to fight back; call the Lento Law Firm today at 888-535-3686 or contact us online.
