Federal civil rights law Title IX prohibits gender-based discrimination within any education program or activity funded by the government. This includes most schools in Illinois, including the majority of the state's colleges and universities. Title IX specifically forbids sexual harassment, sexual harassment, or any other discriminatory acts that could possibly create a hostile environment for students of the college community.
When a student is found “responsible” for violating Title IX, he or she has the right to appeal this decision and/or sanction, especially in cases where there's speculation that a decision was unfair.
Your Right to Appeal
The appellate process in colleges and universities is intended to hold schools accountable for their decisions. Title IX sanctions are known to be harsh, including program dismissals, suspension, and expulsion. If these impairing sanctions are to be imposed against you, you have every right to ensure that the decision made was fair and unwarranted. The right to appeal a decision made in Title IX cases exists to assure that, as far as realistically possible, boards and committees conducting hearings will eventually come to a correct decision. The decisions made based on an appeal are presumed to be reasonable.
Any uncertainties pertaining to which course of action should be taken in a student's unique case should be discussed with an experienced student defense attorney. It's important you fully understand your right to appeal an outcome in your case.
Grounds for an Appeal
Mere dissatisfaction with an outcome isn't enough for a school to consider your appeal. It must be based on the appropriate grounds. An appeal is generally not the best time to continue to make your case, but a time to address any procedural errors made during an investigation or hearing. Basically, a decision to appeal a determination and/or sanction is dependent on how you and your Title IX advisor establish at least one of four specific grounds:
- New evidence has become available: evidence that could have further backed a student respondent's case, and had a large impact on a case outcome is now available.
- Disproportionate sanction: the sanction imposed is unduly disproportionate to the severity of the alleged violation.
- Procedural error: a serious mistake was made at some point throughout the Title IX resolution process that influenced the decision of a determination and/or a sanction.
- A violation of due process rights: a student feels as if their school has stripped them of their rights entitled under Title IX and their school policy.
Most schools have strict submission deadlines that students must adhere to for an appeal to be considered timely-filed. Check your student handbook or school code of conduct to identify these time restrictions. If an appeal is not submitted in a timely manner nor deemed substantively eligible, the initial finding and sanction will stand.
Illinois Title IX Appeal Advisor
If you are a student attending an Illinois college or university and are contemplating appeal your Title Ix case outcome, you need the help of a skilled attorney. Attorney Joseph D. Lento has advocated for many students in this situation by helping them win appeals when their circumstances seemed bleak. He has the skill, experience, and expertise to do the same for you. Contact him online or give him a call at 888-535-3686 for assistance.
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- Wheaton 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 New York 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 Illinois and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
