While Title IX guarantees equal access to higher education for people of all genders, gender identities, and sexual orientations, it also pressures schools in Utah to rigorously prosecute allegations of sexual misconduct on their campuses. Additionally, because Title IX is a federal law that is attached to the federal funding that nearly all schools count on, students who have been accused of sexual misconduct in violation of Title IX can feel like their school is pressured into finding them guilty and sanctioning them heavily.
When found responsible for any kind of sexual misconduct, whether sexual assault, harassment, dating violence, or anything else, this makes the ability to appeal an adverse outcome in your Title IX case a crucial one to have in the state of Utah.
Your Right to Appeal a Title IX Violation
If your school in Utah finds that you violated Title IX, it is not the end of the story. You can still challenge the outcome, the penalty, or both by lodging an appeal. Utilizing this additional opportunity to have your voice heard in your defense can be essential because of how inadequate your school's hearing process is for determining allegations as serious as those of Title IX sexual misconduct.
Grounds for a Title IX Appeal
Unfortunately, this right to appeal a Title IX violation for sexual misconduct is not universal. Your appeal has to fall into one of the four permissible grounds for such an appeal. These are:
- The penalty is too harsh. If you only want to appeal the penalty that you received in your Title IX case, you can appeal on the ground that it is too steep for the violation that was found. This appeal, however, would not challenge the underlying violation.
- Your due process right was violated. Because colleges and universities rush to bring Title IX allegations to a conclusion, your due process rights—which are triggered by the severity of these charges—can get trampled. If you are deprived of the ability to be heard and to defend yourself, it can be the basis for an appeal of your Title IX case.
- New evidence has come to light. Not all evidence can be discovered during the hearing process, and if you find new evidence that you did not commit the violation that you were charged with, it can form the basis for an appeal of your case.
- There were procedural mistakes. Finally, colleges and universities in Utah will frequently make mistakes in the investigation, determination, and sanction stages of their Title IX allegations. When such a mistake substantially impacts the outcome of your case, it can be enough to warrant a review of the outcome on appeal.
Utah Title IX Appeal Advisor Joseph D. Lento
If you have been found to have violated Title IX's provisions against sexual misconduct on campus in Utah, you need legal help. Joseph D. Lento is a student discipline defense attorney who represents students who have been accused of these serious violations and can help you through the appeals process. Contact him online or by phone at 888-535-3686 for the legal help and insight that you need to protect your academic and professional future.
- AmeriTech College Draper
- Argosy University Salt Lake City
- Brigham Young University Provo
- Broadview Entertainment Arts University
- Broadview University Layton
- Broadview University Orem
- Broadview University West Jordan
- DeVry University Utah
- Dixie State College of Utah
- Eagle Gate College Layton
- Eagle Gate College Murray
- Eagle Gate College Salt Lake City
- Fortis College Salt Lake City
- Independence University
- ITT Technical Institute Murray
- Latter day Saints Business College
- Neumont University
- Provo College American Fork
- Provo College Provo
- Salt Lake Community College
- Snow College
- Southern Utah University
- Stevens Henager College of Business Provo
- Stevens Henager College Logan
- Stevens Henager College Murray
- Stevens Henager College Ogden
- The Art Institute of Salt Lake City
- University of Phoenix Utah Campus
- University of Utah
- Utah State University
- Utah State University College of Eastern Utah
- Utah Valley University
- Weber State University
- Westminster 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, 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 Utah and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
