One of the federal laws that aim to ensure everyone has equal civil rights in the country is Title IX. Title IX states that everyone, regardless of gender, sexual orientation, or gender identity, gets equal access to higher education in the country. As a federal law, Title IX applies to any school in Montana that receives federal funding of any sort. Because nearly all do—typically in the form of financial aid for students—Title IX can be a factor in nearly any on-campus incident of sexual assault or sexual harassment; in fact, sexual misconduct of any kind.
This can become problematic for students who have been accused of an act or conduct that would violate Title IX. The law requires schools to respond quickly and properly to violations, and this can pressure your college or university to rush to a conviction. Such wrongful convictions are common, and appealing them is critical.
The Right to Appeal a Title IX Finding in Montana
Students in Montana have a right to appeal a Title IX finding of responsibility and/or a Title IX sanction in many circumstances. If one applies to your case, filing an appeal can make a major difference in your academic and professional life, and can only you to continue forward with your goals potentially unimpeded.
These appeals are even more important because of how Title IX violations are found on Montana campuses. The school boards and campus organizations that determine whether a violation has been committed, and how to sanction it, are ill-designed for something so serious and fact-intensive. It is often wise to appeal your case if it has gone against you.
Grounds for a Possible Title IX Appeal
There are a small handful of possible circumstances that can trigger your right to appeal a Title IX conviction, the sanction that you received, or both. These are:
- There is new evidence. If there is new evidence in your case that could not have been found during the hearing process, then it can form the grounds for your appeal of the outcome.
- Due process was violated. Title IX allegations are serious enough to trigger your right to due process, ensuring that your side of the story is heard. If that right is trampled upon, you can use it as a ground for your appeal.
- Procedural errors in the hearing. Schools and colleges in Montana set out rules that they have to follow when they investigate, hear, and sanction Title IX violations. If they then violate one of those rules and it substantially impacts the result of your case, it can form the ground for an appeal.
- The sanction is too severe for the violation. If you just want to appeal the sanction that you received, rather than appeal the determination of a violation, you can claim that the penalty is too severe for the violation.
Montana Title IX Appeals Advisor Joseph D. Lento
Joseph D. Lento is an attorney who handles matters of student discipline. If you have been found in violation of Title IX in Montana, you need legal advice as you move forward with an appeal. Contact attorney Joseph Lento online or at 888-535-3686 for the input you need to make sure you succeed.
- Blackfeet Community College
- Carroll College
- Chief Dull Knife College
- Dawson Community College
- Flathead Valley Community College
- Fort Belknap College
- Fort Peck Community College
- Little Big Horn College
- Miles Community College
- Montana State University
- Montana State University Billings
- Montana State University Great Falls College of Technology
- Montana State University Northern
- Montana Tech of the University of Montana
- Montana Tech College of Technology
- Rocky Mountain College
- Salish Kootenai College
- Stone Child College
- The University of Montana
- The University of Montana Western
- University of Great Falls
- University of Montana Helena College of Technology
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 Montana and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.