North Carolina Title IX Appeal Advisor

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.

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