Title IX is a federal civil right that condemns discrimination on the basis of gender in educational institutions funded by the government. It has been implemented and enforced in most of the schools in South Carolina, including most of the state's colleges and universities. Title IX resolution processes specifically prohibit sexual harassment, sexual assault and other discriminatory acts that could potentially create a hostile environment for members of the college community.
When a student is found “responsible” for sexual misconduct after the Title IX resolution process has ensued, he or she has the right to appeal this decision.
Your Right to Appeal
The right to appeal is one of the most important rights entitled to student respondents accused under Title IX. The appellate process in school settings is designed to keep authorities accountable for the decisions they make. Title IX sanctions are notorious for being harsh. Many students found “responsible” for sexual misconduct are subject to sanctions that can derail their entire professional and academic career. With repercussions so impactful, appeals ensure that decisions made in each case are fair and correct. In order to prevent unwarranted findings, students are encouraged to utilize their right to appeal.
Questions about the appellate process and your course of action after an unfavorable situation should be discussed with a student defense attorney. A legal professional can help you write an effective and compelling appeal.
Grounds for an Appeal
Your school will only consider an appeal for review if it is based on specific grounds. These grounds are related to the issues in the logistics of the disciplinary process. An appeal is not another opportunity to continue backing your claims of innocence. The decision to appeal a determination and/or sanction hinges on how well you and your advisor can establish at least one of the following four grounds:
- Procedural error: a vital mistake was made at some point in the disciplinary 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.
- A violation of due process rights: an institution stripped a student of their rights entitled under Title IX and school policy.
- 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 submission and content appeal guidelines. To ensure that your appeal is turned in on time and is substantively eligible, check your student handbook.
South Carolina Title IX Appeal Advisor
If you are a student attending a South Carolina college or university with intentions of appealing a Title IX case outcome, you need the help of a skilled student defense attorney. Attorney 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 skill, expertise, and experience to help you do the same. Contact him online or give him a call at 888-535-3686 for assistance.
- Aiken Technical College
- Allen University
- Anderson University
- Benedict College
- Bob Jones University
- Brown Mackie College Greenville
- Central Carolina Technical College
- Charleston Southern University
- Citadel Military College of South Carolina
- Claflin University
- Clemson University
- Clinton Junior College
- Coastal Carolina University
- Coker College
- College of Charleston
- Columbia College
- Columbia International University
- Converse College
- Denmark Technical College
- Erskine College and Seminary
- Florence Darlington Technical College
- Forrest College
- Francis Marion University
- Furman University
- Golf Academy of America Myrtle Beach
- Greenville Technical College
- Horry Georgetown Technical College
- ITT Technical Institute Columbia
- ITT Technical Institute Greenville
- ITT Technical Institute Myrtle Beach
- ITT Technical Institute North Charleston
- Lander University
- Limestone College
- Medix School Fortis College
- Midlands Technical College
- Miller Motte Technical College
- Miller Motte Technical College North Charleston
- Morris College
- Newberry College
- North Greenville University
- Northeastern Technical College
- Orangeburg Calhoun Technical College
- Piedmont Technical College
- Presbyterian College
- South Carolina State University
- South University Columbia
- Southern Wesleyan University
- Spartanburg Community College
- Spartanburg Methodist College
- Technical College of the Lowcountry
- The Art Institute of Charleston
- Tri County Technical College
- Trident Technical College
- University of Phoenix Columbia Campus
- University of South Carolina Aiken
- University of South Carolina Beaufort
- University of South Carolina Columbia
- University of South Carolina Lancaster
- University of South Carolina Salkehatchie
- University of South Carolina Sumter
- University of South Carolina Union
- University of South Carolina Upstate
- Virginia College
- Virginia College in Charleston
- Virginia College Columbia
- Virginia College Greenville
- Voorhees College
- W L Bonner College
- Williamsburg Technical College
- Winthrop University
- Wofford College
- York Technical 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 South Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
