Federal gender-equity law Title IX bans gender-based discrimination in educational settings. This law extends to most of the schools in North Carolina, including the majority of the state's colleges and universities. Discriminatory acts like sexual harassment and sexual assault are particularly condemned by the law, as it requires the school to take immediate action for resolution upon notification of a complaint involving this misconduct.
If a student is found “responsible” for violating Title IX, he or she has the right to appeal this decision, especially in cases where there's speculation that a decision was unfair.
Your Right to Appeal
The right to appeal should not be overlooked by student respondents. The appellate system in schools is an important aspect of maintaining integrity in school investigations and hearings. Much like the appellate process in the criminal justice system, appeals keep authorities accountable for their decisions. As most students have unfortunately experienced, institutions are not infallible. A school can come to a finding that's unfounded and unjustified and leave innocent students to bear the brunt of serious unwarranted repercussions. In order to prevent the persecution of innocent students and disproportionate sanctions, students are encouraged to challenge their school's decisions by utilizing their right to appeal.
Questions posed about the appellate process at your school and the course of action in your unique situation should be discussed with a student defense attorney. A legal professional can help you craft a compelling and effective appeal.
Grounds for an Appeal
The feeling of dissatisfaction expressed in your appeal is not enough to overturn an unfavorable decision. A school will only reconsider its decision when an appeal is based on specific grounds. The grounds in a successful appeal are typically related to issues involving procedural methods in the disciplinary process. Essentially, the decision to appeal a determination and/or sanction boils down to how you and your advisor can establish at least one of four grounds:
- 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.
- Disproportionate sanction: the sanction(s) imposed are unduly disproportionate to the alleged violation.
- Procedural error: a significant mistake was made at some point in the Title IX resolution process, and it influenced the outcome of a determination and/or sanction.
- A violation of due process rights: an institution robbed a student of their rights entitled under Title IX and school policy.
Each school has its own respective submission and content guidelines. In order to ensure your appeal is submitted in a timely manner and is substantively eligible, check your student handbook.
North Carolina Title IX Appeal Advisor
If you attend a North Carolina college or university and are contemplating a Title IX case outcome, you need the help of a student defense attorney. Attorney Joseph D. Lento has helped countless students in these circumstances clear their name, preserve their academic record, and more by helping them win appeals. He has the skill, experience, and expertise to help you do the same. Contact him online or give him a call at 888-535-3686 for further assistance.
- Alamance Community College
- Apex School of Theology
- Appalachian State University
- Asheville Buncombe Technical Community College
- Barton College
- Beaufort County Community College
- Belmont Abbey College
- Bennett College for Women
- Bladen Community College
- Blue Ridge Community College
- Brevard College
- Brunswick Community College
- Cabarrus College of Health Sciences
- Caldwell Community College and Technical Institute
- Campbell University
- Cape Fear Community College
- Carolina Bible College
- Carolina Christian College
- Carteret Community College
- Catawba College
- Catawba Valley Community College
- Central Carolina Community College
- Central Piedmont Community College
- Chowan University
- Cleveland Community College
- Coastal Carolina Community College
- College of the Albemarle
- Craven Community College
- Davidson College
- Davidson County Community College
- DeVry University North Carolina
- Duke University
- Durham Technical Community College
- East Carolina University
- Edgecombe Community College
- Elizabeth City State University
- Elon University
- Fayetteville State University
- Fayetteville Technical Community College
- Forsyth Technical Community College
- Gardner Webb University
- Gaston College
- Grace College of Divinity
- Greensboro College
- Guilford College
- Guilford Technical Community College
- Halifax Community College
- Harrison College
- Haywood Community College
- Heritage Bible College
- Isothermal Community College
- ITT Technical Institute Cary
- ITT Technical Institute Charlotte North
- ITT Technical Institute Charlotte South
- ITT Technical Institute Durham
- ITT Technical Institute High Point
- James Sprunt Community College
- Johnson & Wales University Charlotte
- Johnson C Smith University
- Johnston Community College
- King's College
- Laurel University
- Lees McRae College
- Lenoir Community College
- Lenoir Rhyne University
- Living Arts College
- Livingstone College
- Louisburg College
- Mars Hill University
- Martin Community College
- Mayland Community College
- McDowell Technical Community College
- Meredith College
- Methodist University
- Mid Atlantic Christian University
- Miller Motte College
- Miller Motte College Cary
- Miller Motte College Fayetteville
- Miller Motte College Greenville
- Miller Motte College Raleigh
- Miller Motte College Wilmington
- Mitchell Community College
- Montgomery Community College
- Montreat College
- Mount Olive College
- Nash Community College
- New Life Theological Seminary
- North Carolina A & T State University
- North Carolina Central University
- North Carolina State University at Raleigh
- North Carolina Wesleyan College
- Pamlico Community College
- Pfeiffer University
- Piedmont Community College
- Piedmont International University
- Pitt Community College
- Queens University of Charlotte
- Randolph Community College
- Richmond Community College
- Roanoke Chowan Community College
- Robeson Community College
- Rockingham Community College
- Rowan Cabarrus Community College
- Saint Augustines College
- Salem College
- Sampson Community College
- Sandhills Community College
- Shaw University
- Shepherds Theological Seminary
- South College Asheville
- South Piedmont Community College
- Southeastern Community College
- Southwestern Community College
- St. Andrews University
- Stanly Community College
- Surry Community College
- The Art Institute of Charlotte
- The Art Institute of Raleigh Durham
- Tri County Community College
- University of North Carolina at Asheville
- University of North Carolina at Chapel Hill
- University of North Carolina at Charlotte
- University of North Carolina at Greensboro
- University of North Carolina at Pembroke
- University of North Carolina at Wilmington
- University of North Carolina School of the Arts
- University of Phoenix Charlotte Campus
- University of Phoenix Raleigh Campus
- Vance Granville Community College
- Wake Forest University
- Wake Technical Community College
- Warren Wilson College
- Wayne Community College
- Western Carolina University
- Western Piedmont Community College
- Wilkes Community College
- William Peace University
- Wilson Community College
- Wingate University
- Winston Salem State University
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 North Carolina and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
