Title IX is a federal civil rights law that bans gender-based discrimination in federally funded educational institutions. It has been implemented and enforced in many of the schools in Arkansas, extending to the majority of the state's colleges and universities. Discriminatory acts like sexual harassment and sexual assault are specifically prohibited by Title IX, as it requires schools to take immediate action for resolution upon notification of this misconduct.
If a student is found “responsible” for violating Title IX, he or she has the right to appeal this decision, especially in cases where there's speculation of an unfair decision.
Your Right to Appeal
The right to appeal should always be utilized by student respondents. The appellate system in schools remains a crucial aspect of maintaining integrity in school investigations and hearings. Much like the appellate process in the criminal justice system, appeals are intended to keep school authorities accountable for their decisions. Many students can attest to the fact that institutions are not infallible. School authorities are capable of solidifying a finding that's unfounded and unjustified, leaving innocent students to endure unwarranted serious repercussions. In order to ensure that innocent students aren't penalized, all student respondents should be encouraged to challenge their school's decisions by utilizing their right to appeal.
Questions about your school's appellate process or your course of action in your unique circumstances should be shared with a skilled student defense attorney. A legal professional can help you develop a compelling and effective appeal.
Grounds for an Appeal
The only way to overturn an unfavorable decision is to file a valid appeal with reasonable grounds. A school will only reconsider its decision if the grounds in this appeal involve procedural methods and mistakes in the disciplinary process. It is not the time to further assert your claims of innocence or to invalidate the evidence of a complainant. This process is specifically reserved to remedying injustices committed by the school. Essentially, the decision to appeal a determination and/or sanction boils down to how you and your advisor can establish at least one of 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.
- Procedural errors: a significant mistake was made at some point in the Title IX resolution process, and it influenced the outcome of a determination and/or sanction.
- A violation of due process rights: an institution denied a student respondent his or her rights entitled under Title IX and school policy.
Each school has its own specific content and submission guidelines. Check your school's code of conduct or your student handbook to identify deadlines, guidelines, and more.
Arkansas Title IX Appeal Advisor
If you attend an Arkansas college or university and are contemplating a Title IX case outcome, you need the help of a student defense attorney. Attorney Joseph D. Lento has helped numerous students in these circumstances clear their name and preserve their academic record by helping them achieve successful appeals. He has the skill, expertise, and experience to help you do the same. Contact him online or give him a call at 888-535-3686 for further assistance.
- Arkansas Baptist College
- Arkansas Northeastern College
- Arkansas State University Beebe
- Arkansas State University Main Campus
- Arkansas State University Mountain Home
- Arkansas State University Newport
- Arkansas Tech University
- Black River Technical College
- Bryan University
- Central Baptist College
- College of the Ouachitas
- Cossatot Community College of the University of Arkansas
- Crowley's Ridge College
- East Arkansas Community College
- Ecclesia College
- Harding University
- Henderson State University
- Hendrix College
- ITT Technical Institute Little Rock
- John Brown University
- Lyon College
- Mid South Community College
- National Park Community College
- North Arkansas College
- NorthWest Arkansas Community College
- Ouachita Baptist University
- Ozarka College
- Philander Smith College
- Phillips Community College of the University of Arkansas
- Pulaski Technical College
- Remington College Little Rock Campus
- Rich Mountain Community College
- South Arkansas Community College
- Southeast Arkansas College
- Southern Arkansas University Main Campus
- Southern Arkansas University Tech
- University of Arkansas
- University of Arkansas at Little Rock
- University of Arkansas at Monticello
- University of Arkansas at Pine Bluff
- University of Arkansas Community College Batesville
- University of Arkansas Community College Hope
- University of Arkansas Community College Morrilton
- University of Arkansas Fort Smith
- University of Central Arkansas
- University of Phoenix Little Rock Campus
- University of Phoenix Northwest Arkansas Campus
- University of the Ozarks
- Williams Baptist 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 Pennsylvania 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 Arkansas and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.