If you were accused and convicted of a Title IX violation in New Jersey, you have the right to appeal your case. These appeals could result in reversal of the decision previously held against you, finding you guilty of a Title IX violation. These violations are incredibly serious, and can have a major impact on your academic career and even follow you far after you leave school. As a result, it is crucial that you appeal any negative finding under Title IX.
If you have been found guilty of a Title IX violation in New Jersey, highly experienced Title IX appeals attorney Joseph D. Lento can fight to have that decision overturned on your behalf. Your rights can still be protected.
Title IX Appeal Attorney in New Jersey
Attorney Joseph D. Lento has successfully handled hundreds of Title IX cases involving serious allegations of sexual misconduct, including rape and sexual assault, at major colleges and universities nationwide. He is a driven and dedicated advocate for students facing Title IX charges.
Your rights deserve to be protected by an attorney highly experienced in fighting Title IX allegations. If you're facing a Title IX charge or need to appeal a Title IX ruling, call our office at 888.535.3686 to speak to an experienced Title IX lawyer about your case today.
What Is Title IX?
Title IX is a federal civil rights law that prohibits discrimination on the basis of sex. Title IX applies to any educational “program or activity” that receives federal funding, including sports. It applies to elementary and secondary schools, high schools, colleges, and universities, and to federally-funded educational programs run by other institutions or businesses.
Title IX's definition of sex discrimination includes sexual harassment and sexual violence such as:
- sexual coercion,
- sexual battery,
- sexual assault, and
Any school that doesn't follow Title IX policies risks losing its government funding. As a result, many colleges and universities have created a new position of Title IX compliance officer – someone who is dedicated to handling Title IX investigations, hearings, and cases. Universities take these cases very seriously, and in many cases are overzealous in handling them for fear of losing their funding.
In Title IX cases, the accuser is known as the complainant and the student accused of misconduct is known as the respondent.
New Jersey Title IX Advisor
If you attend a New Jersey college or university and have been accused of sexual misconduct, it is imperative you speak with an attorney. Contact skilled Title IX advisor and legal professional Joseph D. Lento today for assistance.
New Jersey colleges and universities where Joseph D. Lento can help as your or your student's Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:
- BLOOMFIELD COLLEGE
- CALDWELL UNIVERSITY
- CENTENARY COLLEGE
- THE COLLEGE OF NEW JERSEY
- COLLEGE OF SAINT ELIZABETH
- DREW UNIVERSITY
- FAIRLEIGH DICKINSON UNIVERSITY
- GEORGIAN COURT UNIVERSITY
- KEAN UNIVERSITY
- MONMOUTH UNIVERSITY
- MONTCLAIR STATE UNIVERSITY
- NEW JERSEY CITY UNIVERSITY
- NEW JERSEY INSTITUTE OF TECHNOLOGY
- PRINCETON UNIVERSITY
- RAMAPO COLLEGE
- ROWAN UNIVERSITY
- RIDER UNIVERSITY
- RUTGERS UNIVERSITY
- SAINT PETER'S UNIVERSITY
- SETON HALL UNIVERSITY
- STEVENS INSTITUTE OF TECHNOLOGY
- STOCKTON UNIVERSITY
- THOMAS EDISON STATE COLLEGE
- WILLIAM PATERSON UNIVERSITY
Title IX Appeals Process in New Jersey
The federal law that lays out all of the rules for Title IX does not specifically require colleges and universities to provide a complainant or respondent the right to an appeal. However, most schools do allow for some form of appeal. In fact, the Department of Education's Office of Civil Rights recommends that schools provide a Title IX appeals process for both the respondent and the complainant.
Every school's process can be slightly different. This process may have different deadlines for filing, officers in charge of the process, and many other small details. An experienced attorney can navigate these technical details to ensure your rights are protected and that you are able to file your appeal, when possible.
Common Grounds for Appeal
Grounds for appeal can vary greatly depending on your individual case. Ultimately, it will be up to you and your attorney to determine what grounds for appeal exist and how best to proceed in your case. However, some of the following are common grounds for filing a Title IX appeal in New Jersey:
- the sanction is excessive based upon the finding (respondent appeal)
- the sanction is insufficient based upon the finding (complainant appeal)
- a procedural error occurred in the initial stages of the Title IX process
- the school's Title IX process violates federal law
- insufficient evidence existed to support the finding
- the Title IX office failed to follow its own procedure
These grounds for appeal can be the basis for a reversal of the previous findings of the Title IX office at your university. Whether it is you filing the appeal, or the other party, you need highly experienced representation present to protect your rights. If you do not, you run the risk of facing high penalties when you could otherwise have reduced the penalties against you or had them dismissed outright.
Deciding Whether to Appeal
Deciding whether to appeal your case is very important, and should be done in consultation with an experienced attorney. It is possible to receive even harsher sanctions after an appeal, even when filed by the respondent. If the appeals board were to find that the sanction was insufficient based upon the findings, they could increase it. While this is not common necessarily, it is something to be considered.
Whether to appeal is a decision best done after consulting with an attorney with years of experience fighting these charges and filing appeals. You do not have to face this difficult time alone.
Contact a New Jersey Title IX Appeal Attorney
No student wants to be contacted by their college or university to be informed that they are the subject of a Title IX disciplinary investigation, but when students and parents take the proper steps as early as possible, and approach the matter with an effective strategy, students can position themselves to best appeal Title IX charges and to maximize the likelihood of success.