For students in New Mexico who have been accused of sexual assault, harassment, or other sexual misconduct on campus, Title IX will greatly impact their case. Title IX is a federal civil rights law that was created to make sure everyone, regardless of their gender, gender identity, or sexual orientation, had equal access to higher education. However, Title IX is tied to federal funding, so not only does it apply to nearly every college and university in New Mexico, it also pressures schools into responding swiftly and seriously to allegations of sexual misconduct on their campuses.
This means that students who have been accused of sexual assault or harassment in New Mexico may find their schools pressured into securing a "finding of responsibility" against them - a conviction by any other name - making the right to appeal the outcome of a Title IX case an absolutely critical one to have and exercise.
Your Right to Appeal a Title IX Case in New Mexico
If you are a student in New Mexico and have been found to have violated Title IX's prohibition against campus sexual misconduct, whether on or off-campus, you can challenge the outcome of the case, the sanction, or both, in an appeal.
Utilizing this right can be critical, especially because the school's hearing bodies that determine guilt and issue sanctions are often poorly suited for addressing such serious allegations.
Grounds for a Title IX Appeal
Unfortunately, not every Title IX case can be appealed. Appeals will only be heard if they establish that one of the following things have happened:
- The sanction was too harsh for the violation. Students who only want to appeal the sanction—not the underlying Title IX violation—can claim that the sanction was overly harsh.
- New evidence has emerged. If new evidence about your case has come to light since the hearings that determined you violated Title IX, and that evidence could not have been found during those hearings, then it can form the basis for a Title IX appeal.
- Your due process rights were violated. Because Title IX allegations are serious, you have a right to be heard and to present evidence in your defense. These are due process rights, and if the school violates them it can form the basis for an appeal.
- There were procedural irregularities. While schools in New Mexico have their methods of investigating, hearing, and penalizing Title IX violations, they do not always follow them precisely. If your school varied from its stated procedure and it substantially impacted the outcome of your case, then you can appeal on that ground, as well.
New Mexico Title IX Appeals Advisor: Joseph D. Lento
Joseph D. Lento is a student discipline attorney who represents students as they defend against Title IX allegations. Mounting a successful defense in these cases can make a huge difference in your academic career, and ensure you enter the working world on the right foot.
If you have been found in violation of Title IX in New Mexico and are considering an appeal, you need his help and experience. Contact him online or by phone at 888-535-3686 to ensure you are making the right strategic moves.
- Brown Mackie College Albuquerque
- Central New Mexico Community College
- Clovis Community College
- Computer Career Center
- Eastern New Mexico University Main Campus
- Eastern New Mexico University Roswell Campus
- Eastern New Mexico University Ruidoso Campus
- Institute of American Indian and Alaska Native Culture
- ITT Technical Institute Albuquerque
- Luna Community College
- Mesalands Community College
- National American University Albuquerque
- National American University Rio Rancho
- Navajo Technical College
- New Mexico Highlands University
- New Mexico Institute of Mining and Technology
- New Mexico Junior College
- New Mexico Military Institute
- New Mexico State University Alamogordo
- New Mexico State University Carlsbad
- New Mexico State University Dona Ana
- New Mexico State University Grants
- New Mexico State University Main Campus
- Northern New Mexico College
- San Juan College
- Santa Fe Community College
- Santa Fe University of Art and Design
- Southwest University of Visual Arts Albuquerque
- St John's College
- University of New Mexico Gallup Campus
- University of New Mexico Los Alamos Campus
- University of New Mexico Main Campus
- University of New Mexico Taos Campus
- University of New Mexico Valencia County Campus
- University of Phoenix Albuquerque Campus
- University of the Southwest
- Western New Mexico University
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 New Mexico and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
