Title IX is a federal law that prohibits gender-based discrimination in educational institutions and programs funded by the government. Since most schools in Colorado receive some form of federal funding, this law is implemented and enforced in most of the state's schools, including many state colleges and universities. It specifically forbids sexual harassment, sexual assault, and other discriminatory acts that create a hostile environment on campus.
When a school receives notification of a complaint concerning sexual misconduct, Title IX requires this institution to take immediate action for resolution. When a student is found “responsible” for sexual misconduct in light of the Title IX resolution process. He or she is granted the right to appeal this decision.
Your Right to Appeal
The right to appeal is among the most important rights a student respondent can utilize. An appeal in educational settings is a written request for a school to reconsider its decision. The appellate process is designed to keep school authorities in check, especially when making decisions that can greatly impact students. Title IX sanctions are notoriously harsh. Students are subjected to semester and year-long suspensions and expulsion. With so much at stake, it's important you ensure that all authorities involved in the resolution process are being fair and making founded decisions. Students respondents can check authorities in their case by taking advantage of their right to appeal.
If you're inquiring about the appellate process and your course of action after notification of your allegations, you should discuss your concerns with a student defense attorney. A legal professional can help you craft a viable appeal.
Grounds for an Appeal
Schools will only consider an appeal for review if it is based on specific grounds. Valid grounds are related to the disciplinary process in some capacity. Vital errors that are made by a coordinator, board member, or committee in this process, for example, would be a viable ground to establish in an appeal. An appeal is not the time to further assert your claims of innocence. Basically, the decision to appeal is based on how well you and your advisor can establish one of the following specific grounds:
- Disproportionate sanction: the sanction(s) imposed are unduly disproportionate to the alleged violation.
- Procedural error: a serious error was made at some point throughout the Title IX resolution process, and it greatly influenced the outcome of a determination and/or sanction.
- New evidence available: crucial evidence that could not be obtained at the time of an investigation or hearing is now available.
- A violation of due process rights: a student's rights under Title IX and school policy have been denied by a school.
Each school has its own unique appeal content and submission guidelines. Check your school's code of conduct or student handbook to identify deadlines, content parameters, and other important information. If your appeal is not submitted in a timely manner or is not considered substantively eligible in the eyes of your school, the original sanction and determination will stand.
Colorado Title IX Appeal Advisor
If you are contemplating appealing a Title IX outcome at a Colorado college or university, you need the help of a skilled student defense attorney. Contact Joseph D. Lento online or give him a call at 888-535-3686 for assistance.
- Adams State College
- Aims Community College
- American Sentinel University
- Arapahoe Community College
- Argosy University Denver
- Bel Rea Institute of Animal Technology
- Boulder College of Massage Therapy
- College America Colorado Springs
- College America Denver
- College America Fort Collins
- Colorado Academy of Veterinary Technology
- Colorado Christian University
- Colorado College
- Colorado Heights University
- Colorado Mesa University
- Colorado Mountain College
- Colorado Northwestern Community College
- Colorado School of Healing Arts
- Colorado School of Mines
- Colorado State University Fort Collins
- Colorado State University Pueblo
- Colorado Technical University Colorado Springs
- Colorado Technical University Greenwood Village
- Colorado Technical University Online
- Community College of Aurora
- Community College of Denver
- Denver School of Nursing
- DeVry University Colorado
- Ecotech Institute
- Everest College Aurora
- Everest College Colorado Springs
- Everest College Thornton
- Fort Lewis College
- Front Range Community College
- Institute of Business and Medical Careers
- ITT Technical Institute Aurora
- ITT Technical Institute Westminster
- Johnson & Wales University Denver
- Jones International University
- Lamar Community College
- Metropolitan State College of Denver
- Morgan Community College
- Naropa University
- National American University Centennial
- National American University Colorado Springs
- National American University Colorado Springs South
- National American University Denver
- Nazarene Bible College
- Northeastern Junior College
- Otero Junior College
- Pikes Peak Community College
- Platt College Aurora
- Prince Institute Rocky Mountains
- Pueblo Community College
- Red Rocks Community College
- Redstone College
- Regis University
- Remington College Colorado Springs Campus
- Rocky Mountain College of Art and Design
- The Art Institute of Colorado
- Trinidad State Junior College
- United States Air Force Academy (exempt from Title IX and the Clery Act)
- University of Colorado Boulder
- University of Colorado Denver
- University of Colorado Colorado Springs
- University of Denver
- University of Northern Colorado
- University of Phoenix Colorado Campus
- University of Phoenix Southern Colorado Campus
- Western State Colorado University
- Westwood College Denver North
- Westwood College Denver South
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 Colorado and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
