While Title IX is a federal civil rights law that guarantees people equal access to higher education, regardless of their sexual orientation, gender, or their gender identity, it can pose a serious problem for students who have been accused of sexual misconduct on campus. The law applies to any college or university in the country, if that school accepts federal funding or any kind. Therefore, nearly every college in the state of Nebraska falls within the purview of Title IX, which means that the law will become implicated in nearly all on-campus instances of sexual assault or harassment.
This is not necessarily a good thing. Title IX pressures schools to take rigorous and immediate action in these situations, and that can spell trouble for any student who has been accused of committing a Title IX violation. Being able to appeal a finding of guilt in a Title IX case is a critical right to have.
Your Right to Appeal a Title IX Case in Nebraska
In Nebraska, you have the right to appeal your Title IX case if you have been found to be in violation of the statute. You can appeal the determination of guilt, the sanction being levied against you, or both.
Being able to appeal Title IX violations is critical because it is very easy for school boards to wrongfully determine that you have violated the law. The hearing procedures that they require are not equipped to determine a charge that is so serious, making an appeals process critical for justice.
How You Can Appeal a Title IX Determination
Unfortunately, the right to appeal a Title IX finding is not absolute—your appeal has to fall within one of the following four possible grounds for appeal:
- There is new evidence in your case. The discovery of new evidence—evidence that could not have been found, earlier in the process—is a ground for appealing a Title IX violation.
- There were procedural problems in your hearings. Schools in Nebraska outline how the Title IX hearing process is to work. However, there are times when they do not comply with their own rules. If such an error is made and it substantially impacted your case's outcome, it can be the basis of an appeal.
- Your due process rights were violated. Title IX allegations are serious and implicate your due process rights to be heard. If your school does not take those rights seriously, you can appeal your case on that basis.
- The sanction far outweighs the violation. Finally, you can limit your appeal to just the sanction that is being issued. If it far outweighs the gravity of the violation, you can use that as a basis for your appeal.
Nebraska Title IX Appeal Advisor: Joseph D. Lento
Attorney Joseph D. Lento represents students who are being accused of wrongdoing and advises them in Title IX appeals. His legal background and skills can make a huge difference if you have been found in violation of Title IX and want to appeal the decision. Contact him online or by phone at 888-535-3686 if you are seeking help in appealing a Title IX decision at a Nebraska college or university.
- Bellevue University
- BryanLGH College of Health Sciences
- Central Community College
- Chadron State College
- Clarkson College
- College of Saint Mary
- Concordia University Seward
- Creighton University
- Doane University
- Grace University
- Hastings College
- ITT Technical Institute Omaha
- Kaplan University Lincoln Campus
- Kaplan University Omaha Campus
- Little Priest Tribal College
- Metropolitan Community College Area
- Mid Plains Community College
- Midland University
- Myotherapy Institute
- Nebraska Christian College
- Nebraska College of Technical Agriculture
- Nebraska Indian Community College
- Nebraska Methodist College of Nursing & Allied Health
- Nebraska Wesleyan University
- Northeast Community College
- Omaha School of Massage and Healthcare of Herzing University
- Peru State College
- Southeast Community College Area
- The Creative Center
- Union College
- Universal College of Healing Arts
- University of Nebraska at Kearney
- University of Nebraska at Omaha
- University of Nebraska Lincoln
- University of Phoenix Omaha Campus
- Vatterott College Spring Valley
- Wayne State College
- Western Nebraska Community College
- York 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 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 Nebraska and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.