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.
To best understand how to appeal a Title IX case in Utah, it's good to have a brief understanding of what Title IX is. Title IX is a federal civil rights law which is intended in part to address and prevent campus sexual misconduct. Campus sexual misconduct can encompass various forms, be it sexual harassment, sexual violence, sexual assault. If a party is accused, they're known as the respondent. If a party is the accuser, they're known as the complainant. If an appeal right is provided to one party, it's provided to both.
An accused party, if responsible and sanctioned, they may seek to argue that there was a procedural defect or error which led to an unfavorable outcome or a failing on the school's part, a disproportionate sanction to the finding new evidence. This particular school's available grounds for appeal would have to be considered, but because of what's involved and what's at stake with a Title IX case, it's critical to have the help of an experienced attorney advisor when appealing a finding and/or sanction.