If you've been accused of sexual misconduct on campus, you'll have to undergo the Title IX process. From the beginning to the end, you're entitled to a number of protections backed by federal law. Students who feel that they've been denied any of their rights in any circumstance have several options to rectify things.
You can appeal
An appeal is a written request for a college or university to reassess a previous decision that was made. In your predicament, you would go through your school's process to appeal the determination and/or sanction decided by your school in response to your accuser's sexual assault or harassment complaint. If filed correctly and punctually, an appeal is generally heard by a panel comprised of students, staff members, and instructors. Also, it must be based on certain “grounds” for it be considered. These grounds usually have to do with the procedure and how it was conducted. If there were any errors made on behalf of the school, an appeal may be granted.
Retaining a legal professional would prove to be valuable when filing an effective appeal. Attorney Joseph D. Lento has advocated for students in this situation by helping them file influential and evidence-based appeals. If you're unhappy with your case outcome and value your academic and professional future, consider contacting him today.
You can pursue a civil lawsuit
If a student feels that their rights have been violated at any point during the process, suing the school is an option. And it's an option that's become increasingly popular over the years. The rates of lawsuits filed against college and university students (both the accused and accusers) are at an all-time high. As a result, more than 70 campuses are under federal investigation for violating student rights. Pursuing legal action does have its downsides. It can take months and even years to resolve in court, and you'll be dragged through a new, confusing process. But it can also be rewarding. A severe deprivation of your rights by your school could lead to a favorable outcome in court for you. Consulting with an experienced attorney can help you decide an ideal course of action for you in your unique situation.
You can file a complaint with the Office for Civil Rights (OCR)
Students who wish to hold their school accountable for the denial of their rights can also file a complaint with the Office for Civil Rights (OCR). The OCR is a government agency that is responsible for investigating cases where a student's access to education is denied. If it is determined that a student's rights are, in fact, denied, they will immediately reinforce them. An attorney can file a complaint for you within the deadline to ensure that your concerns are considered.
Nationwide Title IX Advisor
The only way to make sure your voice is heard and your rights are upheld is to retain a student defense attorney. For respondents, especially, the assistance of an attorney advisor is invaluable in the Title IX process. National Title IX attorney Joseph D. Lento has the skill, experience, and expertise to help you preserve your entitled rights under Title IX and your school's policy. For a case evaluation or more information about his representation, contact him online or give him a call at 888-535-3686 today.