Hawaii Title IX Appeal Advisor

Federal civil rights law Title IX forbids gender-based discrimination in federally funded educational institutions and programs. It is implemented and enforced in the majority of schools in Hawaii, including the state's colleges and universities. It specifically condemns acts discriminatory acts like sexual harassment, sexual assault, and other forms of sexual misconduct.

When a school receives notification of a complaint containing alleged sexual misconduct, Title IX requires the institution take immediate action for resolution. If a student is found “responsible” for said misconduct after an investigation and hearing, 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 entitled to student respondents under Title IX. An appeal is a written request for the school to reconsider its decision due to mistakes the school made. The goals of the appellate process in education settings resemble the process in the criminal justice system. It exists to keep school authorities accountable for the decisions they make, especially when these decisions have the ability to drastically affect a student's life. Title IX sanctions are notoriously harsh. Students found responsible for sexual misconduct are oftentimes subjected to semester and year-long suspensions, and even expulsion. With so much at stake, it's important to assure that every decision is fair and founded. Student respondents can do so by utilizing their right to appeal.

Any questions about the appellate process and your course of action after notification of allegations should be discussed with a student defense attorney. A legal professional can help you develop an effective and compelling appeal.

Grounds for an Appeal

In order to overturn an unfavorable Title IX case outcome, you must have a good reason. These reasons are known as grounds. Unfortunately, your school will only consider your appeal if it is based on very limited and specific grounds. You'll waste your time if you're planning on asserting your innocence in an appeal because that's not what it's intended for. Basically, the decision to appeal hinges on how well you and your advisor can establish at least one of the four following grounds:

  • Procedural error: a significant error was made at some point in 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 readily available.
  • Disproportionate sanction: the sanction(s) imposed were unduly disproportionate to the alleged violation.
  • A violation due process right: a student's rights entitled under Title IX and school policy have been denied by the school.

Each school has its own unique set of appeal content and submission guidelines. To identify deadlines, content parameters, and other important information, check your school's code of conduct or student handbook. If your appeal is not submitted in a manner that is timely or it is not considered substantively eligible, the initial sanction and determination will stand.

Hawaii Title IX Appeal Advisor

If you are contemplating appealing a Title IX outcome at a Hawaii 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.

  • Argosy University Hawaii
  • Brigham Young University Hawaii
  • Chaminade University of Honolulu
  • Hawaii Community College
  • Hawaii Pacific University
  • Heald College Honolulu
  • Honolulu Community College
  • Kapiolani Community College
  • Kauai Community College
  • Leeward Community College
  • New Hope Christian College
  • Remington College Honolulu Campus
  • University of Hawaii at Hilo
  • University of Hawaii at Manoa
  • University of Hawaii Maui College
  • University of Hawaii West Oahu
  • University of Phoenix Hawaii Campus
  • Windward 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 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 Hawaii and throughout the nation.  Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.

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If you, or your student, are facing any kind of disciplinary action, or other negative academic sanction, and are having feelings of uncertainty and anxiety for what the future may hold, contact our offices today, and let us help secure your academic career.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations – the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Bucks, Chester, Delaware, Montgomery, Berks, Lancaster, Lehigh, and Northampton County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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