If you are a student at a college or university in South Dakota and you have been accused of sexual harassment or sexual assault, then the federal civil rights law Title IX will become implicated in your case. Title IX guarantees equal access to higher education for people of different genders, gender identities, and sexual orientation, and it is tied to the federal funding that schools receive. It also pressures schools into quickly and emphatically resolving on-campus instances of sexual misconduct.
If you have been accused of sexual misconduct, Title IX will be a driving force behind your school's attempts to speed your case along, even if that means your rights are overlooked. Due to the unfortunate dynamic involved in campus sexual misconduct cases, appealing the outcome of a Title IX case becomes a critical right to have.
Your Right to a Title IX Appeal
If you have been found to have violated Title IX at your school in South Dakota, you can generally appeal the finding, the penalty, or both. Having this right is essential to preserving your academic and future professional integrity, and is necessary for defending yourself in a hearing process that is poorly suited for such high-stakes accusations.
When You Can Appeal Your Title IX Case in South Dakota
Unfortunately, not every Title IX outcome can be appealed: your right to appeal generally only applies if the case involved one of the following situations or developments:
- An egregious penalty for the violation. Penalties need to suit the nature and severity of the violation, and Title IX is no exception. If you think that the sanction you have received is above and beyond the nature of the violation, and you want to limit your appeal to just the penalty, then this can be the ground for your appeal.
- Due process was violated. Title IX accusations are serious enough that they trigger your right to due process. This means you have a right to be heard and to present your case. Some schools violate this by rushing the hearing process to a conclusion, and when they do, it can be the basis for an appeal.
- There were procedural mistakes. Colleges and universities in South Dakota set their own procedures for investigating, determining, and penalizing Title IX violations. However, they have also been known to violate their own procedural rules. If such a mistake is made and it substantially impacts the outcome of your case, it can serve as the basis for an appeal.
- There is new evidence. If new evidence has come to light, and that evidence could not reasonably have been found for the hearing that led to an adverse outcome, it can serve as the ground for a Title IX appeal.
Title IX Appeals Advisor Joseph D. Lento
Joseph D. Lento is a defense attorney for students who have been accused of student disciplinary actions, and Title IX is one of the claims he defends against on a regular basis. Students and parents seek his assistance through all stages of the Title IX disciplinary process - From before an interview at the college or university takes place, through the investigation and hearing stage as applicable, and for better or worse, after a decision is made. Because students and parents at times only realize the seriousness and complexities of a Title IX case after an accused is found responsible and sanctioned, appealing adverse outcomes is a part of the job when it comes to trying to make a bad situation better. Contact him online or at 888-535-3686 if you have been found in violation of Title IX in South Dakota and need his help.
- Augustana College
- Black Hills State University
- Colorado Technical University Sioux Falls
- Dakota State University
- Dakota Wesleyan University
- Globe University Sioux Falls
- Kilian Community College
- Lake Area Technical Institute
- Mitchell Technical Institute
- Mount Marty College
- National American University Ellsworth AFB Extension
- National American University Rapid City
- National American University Sioux Falls
- Northern State University
- Oglala Lakota College
- Presentation College
- Sinte Gleska University
- Sisseton Wahpeton College
- South Dakota School of Mines and Technology
- South Dakota State University
- Southeast Technical Institute
- University of Sioux Falls
- University of South Dakota
- Western Dakota Technical Institute
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 South Dakota and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.