The federal civil rights law encapsulated in Title IX can impact the case of any student in North Dakota who has been accused of committing sexual misconduct—whether harassment, assault, or other act—on or off campus. Title IX becomes implicated because it guarantees everyone, regardless of their sexual orientation, gender, or gender identity, equal access to higher education, and is tied to the federal funding a school receives, including in the form of financial aid. Therefore, Title IX pressures schools in North Dakota to bring allegations of sexual misconduct to a quick and emphatic resolution, or risk their funding being stripped.
This puts students wrongfully accused of sexual misconduct on campus into a tricky position and makes the right to appeal the outcome of a Title IX case extremely important.
Appealing a Title IX Case in North Dakota
If you have been found to have violated the mandates of Title IX while a student in North Dakota, you can challenge either the sanction that you received, the underlying finding of responsibility/determination of guilt, or both.
This right to appeal is crucial because the hearing processes that schools use to determine and penalize a Title IX allegation are not equipped for such a serious charge. Mistakes are often made, and your ability to appeal can be the best defense you have.
The Four Circumstances for a Title IX Appeal
Your right to appeal the outcome or sanction of a Title IX case in North Dakota, unfortunately, does not apply to each and every case. You can only appeal if one of the following four things has happened:
- Your due process rights were violated. Title IX charges are serious enough to trigger your rights to due process and to have your story heard. If your school prevents you from defending yourself against the charges, that can be used as the basis for an appeal.
- There were procedural mistakes. Each school and university in North Dakota has its own process for hearing Title IX claims. If they fail to abide by their own rules, and that failure substantially affects the outcome of your case, you can use that mistake as the ground for your appeal.
- New evidence has come to light. If new evidence in your case has emerged—and that evidence could not have been discovered during the hearing process—you can use it as the basis for an appeal of a bad outcome in your Title IX case.
- The penalty is unduly harsh. If you only want to appeal the penalty that you received, and not the outcome of your case, then you can appeal on the ground that the sanction is unduly tough for the Title IX violation that was found.
Joseph D. Lento: North Dakota Title IX Appeals Advisor
Joseph D. Lento is an attorney who practices student discipline defense, including Title IX defense. If you have been found in violation of Title IX in North Dakota and are considering an appeal, you need his help and advice. Contact him online or by phone at 888-535-3686 to ensure you are taking the correct steps in your defense.
- Bismarck State College
- Cankdeska Cikana Community College
- Dakota College at Bottineau
- Dickinson State University
- Fort Berthold Community College
- Jamestown College
- Lake Region State College
- Mayville State University
- Minot State University
- North Dakota State College of Science
- North Dakota State University Main Campus
- Sitting Bull College
- Trinity Bible College
- Turtle Mountain Community College
- United Tribes Technical College
- University of Mary
- University of North Dakota
- Valley City State University
- Williston State 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 North Dakota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
