Title IX is a federal civil rights law that forbids gender-based discrimination in federally funded educational institutions and programs. It is enforced in the majority of Idaho's schools, including the state's colleges and universities. It specifically condemns discriminatory acts like sexual harassment and sexual assault and 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.
Your Right to Appeal
The right to appeal is among the most important rights entitled to student respondents. The appellate process in school settings plays a crucial role in maintaining integrity in school investigations and hearings. They are intended to keep school authorities accountable for the decisions they make. Title IX outcomes are notoriously harsh, including semester and year-long suspensions, program dismissals, and expulsion. With so much at stake, it's important to ensure each decision made in these cases is fair and founded. In order to ensure that you aren't wrongly penalized, you should take advantage of your right to appeal.
Inquiries about your school's appellate process or your next course of action should be discussed with a skilled student defense attorney. A legal professional can help you develop an effective appeal.
Grounds for an Appeal
The only way to overturn an unfavorable Title IX outcome at the school-level is to file an appeal. An appeal is essentially a request for a school to reconsider its decision. An appeal that is considerable for review must be based on good reason or grounds. These grounds are must contain issues made during the resolution process by school authorities. It is not appropriate to continue making your case in an appeal. Essentially, the decision to appeal a determination and/or sanction boils down to how compellingly you and your advisor can establish at least one of four specific grounds:
- Disproportionate sanction: the sanction(s) imposed are unduly disproportionate to the alleged violation.
- 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.
- Procedural errors: a vital 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 their rights entitled under Title IX and school policy.
Each school enforces its own unique appeal content and submission guidelines. To identify deadlines, appeal templates, instructions, and more important information, check your school's code of conduct or student handbook. If a school deems your appeal untimely or substantively ineligible, the original determination and sanction will stand.
Idaho Title IX Appeal Advisor
If you attend an Idaho 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 many 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.
- Boise Bible College
- Boise State University
- Brigham Young University Idaho
- Broadview University
- Brown Mackie College Boise
- College of Southern Idaho
- CollegeAmerica Stevens Henager College
- Eastern Idaho Technical College
- Idaho State University
- ITT Technical Institute Boise
- Lewis Clark State College
- North Idaho College
- Northwest Nazarene University
- Stevens Henager College
- The College of Idaho
- University of Idaho
- University of Phoenix Idaho Campus
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 Idaho and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.