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Thursday, Sep. 7th 2017

The Challenges An Academic Appeals Lawyer Faces

An academic appeals lawyer confronts several challenges in the process of persuading the courts to grant a student relief when a grade is disputed, or if the student has been suspended or dismissed. The attorney has to show that there has been “a substantial departure from accepted academic norms as to demonstrate that the faculty did not exercise professional judgment”, thereby making the academic decision arbitrary and capricious. See Regents of the University of Michigan v. Ewing, 474 U.S. 214 (United States Supreme Court, 1985).

Handling an appeal often involves negative public perception, difficult clients, overwhelming evidence, a lot of stress. The academic appeals lawyer spends an significant amount of time and energy writing legal briefs providing meticulous detail, research past precedent, or existing legal cases, to find grounds for appeal – a valid reason why the decision of the school or university should be reversed. Many appeals are decided on the strength of the written brief alone, and failure to follow procedure or meet deadlines can result in a dismissal by the court.academic appeals lawyer confronts several challenges

Typically, universities seek to limit the role of the student’s attorney, such as limiting his or her ability to speak on a student’s behalf, but some states have established the right of a student to be represented by hired counsel in all state administrative agency proceedings. Also, some states take the position that a ruling by the local board of education is the final word on a suspension or expulsion within the district. In Missouri, Subsection 3 of 167.161, RSMo, provides that appropriate due process procedures shall include the right for a trial de novo by the circuit court. Courts in Kansas have yet to rule on whether public college disciplinary hearings qualify as state administrative proceedings. The academic appeals lawyer is tasked with the challenge of navigating the courts, interpreting and applying the law, and successfully representing the student throughout the entire process. It is important to be represented by an attorney who thoroughly understands, and is skilled in every aspect of the appeal process. Mr. Cohen is an experienced lawyer in representing students in appealing trial court decisions. For a no cost, no obligation consultation by email or phone: cac@studentrightslawyers.com or 913.956.1125, or visit us online for more information: https://www.studentrightslawyer.com/


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