In the event that a student is found “responsible” for a violation of Title IX at a Massachusetts college or university, he or she has the right to challenge this decision by appealing.
An understanding of Title IX will help a student found responsible appeal in the most effective manner possible - Title IX is a federal civil rights law that has been implemented and enforced in the majority of Massachusetts schools, including the state's colleges and universities. It bans any form of gender-based discrimination on campuses, especially prohibiting sexual harassment, sexual assault, and other discriminatory acts.
Title IX also requires schools across the nation to take immediate action upon notification of complaints involving sexual misconduct. If a student is found “responsible” for a violation after the resolution process has run its course, he or she has the right to challenge this decision by means of an appeal as noted above.
Your Right to Appeal
The right to appeal is the single most important right entitled to student respondents. The appellate system in school settings is intended to keep authorities accountable for the decisions they make. Unfortunately, many students have found out the hard way that school authorities and institutions themselves are not infallible. These individuals are capable of making dire mistakes that will have lasting effects on the academic and professional careers of innocent students. This is especially true when it comes to Title IX cases.
Title IX sanctions are notorious for being harsh, resulting in a semester or year-long suspensions, program withdrawals, and expulsion. Wish such serious ramifications, student respondents found “responsible” for a violation of this nature must make sure that the decisions made in their cases are fair and founded. The only way they can effectively do so is by submitting an appeal.
Inquiries about the appellate process at your school and your next steps when hoping to overturn an unfavorable Title IX outcome should be discussed with an attorney. Legal professional Joseph D. Lento can help you craft a compelling and effective appeal.
Grounds for an Appeal
An appeal will only be considered for review by your school if it based on good reason. These reasons are known as grounds. Acceptable grounds are strictly related to issues, discrepancies, and inconsistencies that existed in your school's Title IX resolution process. They should not concern reasons why a student is innocent, or used as an opportunity to discredit the complainant. The decision to appeal a determination and/or sanction ultimately hinges upon how well you and your advisor can establish at least one of the following grounds:
- A violation of due process rights: an institution robbed a student of their entitled rights under Title IX and school policy.
- Procedural error: a significant mistake was made at some point in the Title IX resolution process, and it influenced the outcome of a determination and/or sanction.
- Disproportionate sanction: the sanction(s) imposed are unduly disproportionate to the alleged violation.
- New evidence available: evidence that supports the case of a respondent, and would have had a substantial impact on a case outcome became available after a hearing.
Each school has its own unique appeal content and submission guidelines. Check your school's code of conduct or student handbook to identify application information, important deadlines, and other relevant information. If an appeal is not submitted in a timely manner or is not considered substantively eligible in accordance with your school's guidelines, the initial determination and sanction will stand.
Massachusetts Title IX Appeal Advisor
If you are a student attending a Massachusetts college or university with intentions of appealing a Title IX case outcome, you need the help of a skilled student defense attorney. Legal professional Joseph D. Lento has helped students in this situation clear their name, and overturn their finding by helping them submit a compelling appeal. He has the expertise, skill, and experience to help you do the same. Contact him online or give him a call at 888-535-3686 for assistance.
- American International College
- Amherst College
- Anna Maria College
- Assumption College
- Babson College
- Bard College at Simon's Rock
- Bay Path College
- Bay State College
- Becker College
- Benjamin Franklin Institute of Technology
- Bentley University
- Berklee College of Music
- Berkshire Community College
- Boston Architectural College
- Boston Baptist College
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- Boston University
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- Bristol Community College
- Bunker Hill Community College
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- Cape Cod Community College
- Clark University
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- College of the Holy Cross
- Curry College
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- Eastern Nazarene College
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- Fisher College
- Fitchburg State University
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- Franklin W. Olin College of Engineering
- Gordon College
- Greenfield Community College
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- Harvard University
- Hellenic College Holy Cross Greek Orthodox School of Theology
- Holyoke Community College
- ITT Technical Institute Norwood
- ITT Technical Institute Wilmington
- Laboure College
- Lasell College
- Lawrence Memorial Hospital School of Nursing
- Le Cordon Bleu College of Culinary Arts
- Lesley University
- Longy School of Music
- Marian Court College
- Massachusetts Bay Community College
- Massachusetts College of Art and Design
- Massachusetts College of Liberal Arts
- Massachusetts College of Pharmacy and Health Sciences
- Massachusetts Institute of Technology
- Massachusetts Maritime Academy
- Massasoit Community College
- Merrimack College
- Middlesex Community College
- Montserrat College of Art
- Mount Holyoke College
- Mount Ida College
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- New England College of Business
- Newbury College Brookline
- Nichols College
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- Northeastern University
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- Saint John's Seminary
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- The Boston Conservatory
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- Tufts University
- University of Massachusetts - Amherst
- University of Massachusetts - Boston
- University of Massachusetts - Dartmouth
- University of Massachusetts - Lowell
- University of Phoenix - Boston Campus
- Urban College of Boston
- Wellesley College
- Wentworth Institute of Technology
- Western New England University
- Westfield State University
- Wheaton College
- Wheelock College
- Williams College
- Worcester Polytechnic Institute
- Worcester State University
- Zion Bible College
A Title IX finding of responsibility can change an accused student's life if not properly addressed and appealed, and Joseph D. Lento has a decade of experience passionately fighting for the futures of his clients at universities and colleges throughout the nation. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. Joseph Lento is a licensed attorney in New Jersey and New York, is admitted as an attorney pro hac vice in state and federal court if needed when representing clients nationwide, and serves as a Title IX advisor and educational consultant to students facing disciplinary cases in Massachusetts and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
