Under Title IX, Virginia schools are responsible for ensuring that all students have equal access to education regardless of gender, sexual orientation, or gender identity. Gender-based discrimination incidents like sexual harassment and sexual assault are prohibited on and off state campuses by the federal civil rights law. If the alleged incident is pervasive enough to create a hostile environment for any members of the campus community, the school is obligated to take action.
Students accused of violating Title IX policy at their school will undergo a resolution process. It involves an investigation, several meetings, and a hearing that are designed to help a school come to a determination of “responsibility” or to dismiss the charges altogether. When Title IX proceedings conclude the former option, a student respondent can appeal the school's decision and/or sanction.
Your Right to Appeal
Student respondents who feel that their case outcome was unfair or unjustified are entitled the right to appeal. An appeal is essentially a written request for a school to reconsider its decision. The appeal process exists to check schools in decisions that have the potential to adversely affect the academic and professional futures of students. So if you feel that something wasn't quite right in the disciplinary process, and you have some evidence to back that inclination, you may have a viable appeal.
Further questions about the process and the course of action you should take in your unique circumstances require the guidance of a skilled student defense attorney. A violation of Title IX carries harsh ramifications. You should have a comprehensive understanding of your right to appeal an outcome in your case.
Grounds for an Appeal
For an appeal to be deemed valid and considered by an institution, it should be based on substantial grounds. Most schools outline guidelines for what information an appeal should contain. A decision to appeal a determination and/or sanction usually boils down to how well a student and his or her representation can establish at least one of the following grounds:
- Procedural error: an error was made throughout the disciplinary process that substantially affected the outcome of a determination and/or sanction.
- There was a violation of due process rights: an institution stripped a student respondent of their entitled rights under Title IX and school regulations.
- New evidence available: new evidence that could have benefited a respondent in a hearing or investigation is now available
- Disproportionate sanction: the sanction recommended is unduly disproportionate to the severity of the sanction.
If an appeal is not turned in on time or is considered substantively ineligible to your college, the original finding and sanction will stand.
Virginia Title IX Appeal Advisor
If you're a Virginia student facing serious consequences due to a Title IX violation, retaining a student defense attorney is a must. An appeal is your last chance at salvaging your reputation, preserving your academic record, and in some cases, continuing your education at that school. Skilled attorney Joseph D. Lento has the skills and expertise to help you come out on top. Contact him today.
Virginia colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- Academy College
- Alexandria Technical & Community College
- Anoka Technical College
- Anoka Ramsey Community College
- Argosy University Twin Cities
- Augsburg College
- Bemidji State University
- Bethany Lutheran College
- Bethel University
- Brown College Brooklyn Center
- Brown College Mendota Heights
- Capella University
- Carleton College
- Central Lakes College Brainerd
- Century Community and Technical College
- College of Saint Benedict
- College of Visual Arts
- Concordia College at Moorhead
- Concordia University Saint Paul
- Crossroads College
- Crown College Saint
- Dakota County Technical College
- DeVry University Minnesota
- Duluth Business University
- Dunwoody College of Technology
- Fond du Lac Tribal and Community College
- Globe University Minneapolis
- Globe University Woodbury
- Gustavus Adolphus College
- Hamline University
- Hennepin Technical College
- Herzing University Minneapolis
- Hibbing Community College A Technical and Community College
- Institute of Production and Recording
- Inver Hills Community College
- Itasca Community College
- ITT Technical Institute Brooklyn Center
- ITT Technical Institute Eden Prairie
- Lake Superior College
- Le Cordon Bleu College of Culinary Arts Minneapolis
- Macalester College
- Martin Luther College
- McNally Smith College of Music
- Mesabi Range Community and Technical College
- Metropolitan State University
- Minneapolis Business College
- Minneapolis College of Art and Design
- Minneapolis Community and Technical College
- Minnesota School of Business Blaine
- Minnesota School of Business Brooklyn Center
- Minnesota School of Business Elk River
- Minnesota School of Business Lakeville
- Minnesota School of Business Moorhead
- Minnesota School of Business Plymouth
- Minnesota School of Business Richfield
- Minnesota School of Business Rochester
- Minnesota School of Business Shakopee
- Minnesota School of Business Waite Park
- Minnesota State College Southeast Technical
- Minnesota State Community and Technical College
- Minnesota State University Moorhead
- Minnesota State University Mankato
- Minnesota West Community and Technical College
- National American University Bloomington
- National American University Brooklyn Center
- National American University Roseville
- Normandale Community College
- North Central University
- North Hennepin Community College
- Northland Community and Technical College
- Northwest Technical College
- Northwest Technical Institute
- Northwestern College
- Northwestern Health Sciences University
- Oak Hills Christian College
- Pine Technical College
- Rainy River Community College
- Ridgewater College
- Riverland Community College
- Rochester Community and Technical College
- Saint Cloud State University
- Saint John's University
- Saint Mary's University of Minnesota
- Saint Paul College A Community and Technical College
- South Central College
- Southwest Minnesota State University
- St. Catherine University
- St. Cloud Technical and Community College
- St. Olaf College
- The Art Institutes International Minnesota
- The College of Saint Scholastica
- University of Minnesota Crookston
- University of Minnesota Duluth
- University of Minnesota Morris
- University of Minnesota Rochester
- University of Minnesota Twin Cities
- University of Phoenix Minneapolis/St Paul Campus
- University of St Thomas
- Vermilion Community College
- White Earth Tribal and Community College
- Winona State 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, 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 Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
