In April of 2024, the Department of Education approved New Title IX rules, which are scheduled to take effect on August 1, 2024. Our firm is closely monitoring ongoing challenges to these new rules in court, and is working hard to provide you the most up-to-date information. Click here to learn about the current state of Title IX and how we can help if you are facing accusations.
Title IX is a civil rights law that prohibits discrimination on the basis of gender within federally funded educational institutions. This law is implemented and enforced in most of the schools in Alabama, including most of the state's colleges and universities. Under Title IX, schools are required to take immediate action upon notification of sexual harassment, sexual assault, and other discriminatory behaviors.
If a student is found “responsible” for sexual misconduct after the Title IX resolution process has run its course, he or she has the right to appeal this decision.
Your Right to Appeal
The right to appeal is one of the most crucial rights entitled to student respondents. Much like the criminal justice system, the appellate system in school settings is designed to keep authorities accountable for the decisions they make. Title IX sanctions can be incredibly harsh, resulting in a program dismissal, suspension or expulsion. These repercussions can derail a student's entire professional and academic career. With such high stakes, it's necessary for students with “responsible” findings to ensure that these decisions made in each case are fair and correct by means of an 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 a compelling and effective appeal.
Grounds for an Appeal
Unfortunately, a school will only consider an appeal for review if it is based on specific grounds. These grounds must be related to the issues in the disciplinary process. This means an appeal is not another opportunity to express your claims of innocence. The decision to appeal a determination and/or sanction hinges on you and your advisor's ability to compellingly establish at least one of the following four grounds:
- 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.
- Disproportionate sanction: the sanction(s) imposed are unduly disproportionate to the alleged violation.
- A violation of due process rights: an institution robbed a student of their entitled rights under Title IX and school policy.
- 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.
Each school has its own unique submission and content appeal guidelines. To ensure that your appeal is turned on in a timely manner and is substantively eligible, check your student handbook.
Alabama Title IX Appeal Advisor
If you are a student attending an Alabama college or university with intentions of appealing a Title IX case outcome, you need the help of a skilled student defense attorney. Legal professional 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 expertise, skill, and experience to help you do the same. Contact him online or give him a call at 888-535-3686 for assistance.
Alabama 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:
- Alabama A & M University
- Alabama Southern Community College
- Alabama State University
- Amridge University
- Auburn University
- Auburn University at Montgomery
- Bevill State Community College
- Birmingham Southern College
- Bishop State Community College
- Brown Mackie College Birmingham
- Central Alabama Community College
- Chattahoochee Valley Community College
- Columbia Southern University
- Concordia College Selma
- Enterprise State Community College
- Faulkner University
- Fortis College Mobile
- Fortis College Montgomery
- Gadsden State Community College
- George C Wallace State Community College Dothan
- George C Wallace State Community College Hanceville
- George C Wallace State Community College Selma
- H Councill Trenholm State Technical College
- Heritage Christian University
- Herzing University Birmingham
- Huntingdon College
- Huntsville Bible College
- ITT Technical Institute Bessemer
- ITT Technical Institute Madison
- ITT Technical Institute Mobile
- J F Drake State Technical College
- Jacksonville State University
- James H Faulkner State Community College
- Jefferson Davis Community College
- Jefferson State Community College
- John C Calhoun State Community College
- Judson College
- Lawson State Community College Birmingham Campus
- Lurleen B Wallace Community College
- Marion Military Institute
- Miles College
- Northeast Alabama Community College
- Northwest Shoals Community College Muscle Shoals
- Oakwood University
- Prince Institute of Professional Studies Inc
- Reid State Technical College
- Remington College Mobile Campus
- Samford University
- Selma University
- Shelton State Community College
- Snead State Community College
- South University Montgomery
- Southeastern Bible College
- Southern Union State Community College
- Spring Hill College
- Stillman College
- Talladega College
- The University of Alabama
- Tri State Institute
- Troy University
- Tuskegee University
- University of Alabama at Birmingham
- University of Alabama at Huntsville
- University of Mobile
- University of Montevallo
- University of North Alabama
- University of Phoenix Birmingham Campus
- University of South Alabama
- University of West Alabama
- Virginia College Birmingham
- Virginia College Huntsville
- Virginia College Mobile
- Virginia College Montgomery
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 Alabama and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
