If you are a college student in the state of Wyoming and you get accused of sexual harassment or sexual assault, the federal civil rights law Title IX will push your school to come to a swift resolution in your case. This is because Title IX gives people of different genders, gender identities, and sexual orientations a right to equal access in higher education, sexual misconduct can infringe on this right, and Title IX pushes schools to protect that right or risk losing its federal funding.
Unfortunately, as a student facing an allegation of sexual misconduct, the practical outcome of this pressure can be the feeling that your school is out to get you. Being able to appeal an adverse outcome in your Title IX case can be a critical stage of your defense.
The Right to Appeal a Title IX Violation in Wyoming
Once you have been found in violation of Title IX, you can challenge the findings that led to your conviction, the penalty being imposed, or both. Taking advantage of this opportunity to defend yourself is crucial because the hearing process that schools use are not equipped to hear such serious allegations as sexual misconduct. Additionally, the penalties that you can face are severe enough to impact your professional future for years to come.
Grounds for Appealing a Title IX Violation
Unfortunately, not all Title IX violations can be appealed. Instead, your appeal must be based on one of the following four grounds:
- There is new evidence. If there is new evidence that is pertinent to your Title IX case and it could not have been discovered with reasonable diligence during the hearing process, it can form the basis for an appeal of an adverse outcome in your case.
- Your due process rights were infringed. Title IX and sexual misconduct allegations are serious. They are serious enough that you have a due process right to defend yourself and be heard. However, your school might be so afraid of losing federal funding that it ignores those rights in order to reach a conclusion that it finds satisfactory. If this happens in your case, it can be the grounds for an appeal.
- Correct procedures were not followed. Colleges and universities in Wyoming have written rules in place on how to conduct Title IX investigations and hearings. If your school fails to follow those rules and it substantially impacts the outcome of your case, you can use those mistakes as the basis for your appeal.
- The penalty is more severe than the violation. If you only want to appeal the penalty, then you can argue that the sanction is too high for the violation.
Wyoming Title IX Appeals Advisor Joseph D. Lento
Joseph D. Lento is a student discipline attorney who helps students accused of sexual misconduct. This includes appealing a Title IX violation if the hearing process ends with a determination of guilt. If you are considering an appeal of your Title IX case in Wyoming, you need his help and advice. Contact him online or by phone at 888-535-3686.
- Casper College
- Central Wyoming College
- College America Cheyenne
- Eastern Wyoming College
- Laramie County Community College
- Northwest College
- Sheridan College
- University of Phoenix Cheyenne Campus
- University of Wyoming
- Western Wyoming Community 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 York and 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 Wyoming and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
