College students in West Virginia who have been accused of committing an act of sexual misconduct on or off campus—whether sexual assault or harassment—will find that Title IX acts as an impetus for the school to rush towards a conviction. Title IX, which grants equal access to higher education for people with different sexual orientations, genders, or gender identities, requires colleges and universities resolve allegations of sexual misconduct swiftly and authoritatively. Because Title IX is tied to a school's federal funding, colleges would rather step on a student's rights than seem to drag its feet towards a conclusion.
This can make it seem like your school is trying to convict you of a Title IX violation, or how colleges and universities define the term, find an accused "responsible", and makes your ability to appeal an adverse outcome a critical right to have.
Your Right to Appeal a Title IX Decision
If you have been found in violation of Title IX, you have a right to appeal the outcome of your case, the penalty that you received, or both. Making use of this right is crucial because of how ill-equipped a school's hearing process can be for serious allegations like sexual misconduct, and because of the severe implications that a violation can have on your future.
Grounds for Appealing a Title IX Violation in West Virginia
An appeal of a Title IX violation needs to fit into one of the following four grounds, or else it will not be heard:
- The penalty is too harsh for the violation. If you only want to challenge the penalty that you received, you can claim that the penalty you have received is too harsh for the violation that was found.
- New evidence has emerged. If new evidence has come to light that could impact your case, and that evidence was not available earlier in the hearing process, then it can form the ground for your appeal of your Title IX violation.
- Correct procedure was not followed. Colleges and universities in West Virginia all have their own set of rules and procedures that they follow when they investigate, hear, and decide an allegation of sexual misconduct in violation of Title IX. If they did not follow those rules in your case and those mistakes substantially impacted the outcome, then you can appeal your Title IX violation.
- Your due process rights were not preserved. Allegations of sexual misconduct in violation of Title IX are severe enough to implicate your right to be heard and raise a defense—your due process rights. Because schools are often pressured by Title IX to rush to a conclusion, though, those rights are not always respected. If this happens in your case, you can use it as the basis for your appeal.
West Virginia Title IX Appeals Advisor Joseph D. Lento
Joseph D. Lento is an attorney who focuses on student discipline defense, including Title IX charges. If you have been found in violation of Title IX's prohibition against sexual misconduct in West Virginia, you need his advice on how to form your appeal. Contact him online or by phone at 888-535-3686 for the legal help you need.
- Alderson Broaddus College
- American Public University System
- Appalachian Bible College
- Bethany College
- Blue Ridge Community and Technical College
- Bluefield State College
- Bridgemont Community and Technical College
- Concord University
- Davis & Elkins College
- Eastern West Virginia Community and Technical College
- Fairmont State University
- Glenville State College
- Huntington Junior College
- ITT Technical Institute Huntington
- Kanawha Valley Community and Technical College
- Marshall University
- Mountain State College
- Mountain State University
- Mountwest Community and Technical College
- New River Community and Technical College
- Ohio Valley University
- Pierpont Community and Technical College
- Potomac State College of West Virginia University
- Salem International University
- Shepherd University
- Southern West Virginia Community and Technical College
- University of Charleston
- Valley College Beckley
- Valley College Martinsburg
- Valley College Princeton
- West Liberty University
- West Virginia Business College Wheeling
- West Virginia Junior College Bridgeport
- West Virginia Junior College Charleston
- West Virginia Junior College Morgantown
- West Virginia Northern Community College
- West Virginia State University
- West Virginia University
- West Virginia University at Parkersburg
- West Virginia University Institute of Technology
- West Virginia Wesleyan College
- Wheeling Jesuit 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 West Virginia and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
