In the event that a student is found “responsible” for violating Title IX at an Indiana college or university, he or she is afforded the right to challenge this decision by appealing.
Your Right to Appeal
Higher education administrators, faculty, and staff are not infallible. They are capable of making serious mistakes that can have a profound effect on the academic and professional futures of innocent students. These mishaps are even more detrimental when made in Title IX cases. The appellate system in colleges and universities exists for the sole purpose of keeping these parties accountable for the decisions they make.
Title IX sanctions are notoriously harsh, resulting in lengthy suspensions, withdrawals from degree programs, and expulsion. With such severe repercussions, it's imperative that student respondents undergoing the Title IX process make sure that the decisions made in their cases are fair and founded on facts. The only way they can effectively do so is by submitting an appeal.
Your options and how you can utilize the appellate process at your college to overturn an unfair Title IX determination and/or sanction(s) should be discussed with an attorney. Legal professional Joseph D. Lento can help you craft a compelling and effective appeal.
Grounds for an Appeal
An appeal will only be considered for review by your school if it is filed within the allotted deadline and if it is based on good reason. These reasons are referred to as “grounds.” Grounds that your school will accept are strictly related to issues, discrepancies, and inconsistencies that occurred during your school's Title IX adjudication process. Your school will not consider grounds that involve proving your innocence or discrediting the complainant.
Ultimately, the decision to appeal a determination and/or sanction ultimately hinges upon how well you and your advisor can establish at least one of the following grounds:
- Procedural error: a significant mistake was made at some point during the Title IX adjudication process, and it influenced the outcome of a determination and/or sanction.
- Disproportionate sanction(s): the sanction(s) imposed are unduly disproportionate to the alleged violation - whether the sanction(s) imposed was too severe or too lenient.
- 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.
It's important to note that this is a general example of appeal guidelines. Although most higher education institutions enforce rules that are similar to this model, each school has its own unique standards for appeal content and submission guidelines. This is why it's important you check your school's code of conduct or student handbook to confirm appeal application information, important deadlines, and other relevant information.
Indiana Title IX Advisor
If you are a student attending an Indiana college or university with intentions of appealing a Title IX case outcome, you need the help of a skilled student defense attorney. Legal professional Joseph D. Lento has helped students in this situation clear their name, and overturn their finding by helping them submit a compelling appeal. He has the expertise, skill, and experience to help you do the same. Contact Contact National Title IX attorney Joseph D. Lento or give him a call at 888-535-3686 for assistance.