If you are a student in Vermont and you have been accused of sexual misconduct while on campus, Title IX will act against your interests. Even though Title IX aims to provide equal access to higher education for people with different sexual orientations, genders, or gender identities, it is tied to federal funding and so pressures schools to vigorously prosecute anyone who threatens these rights. This includes students who have been alleged to have committed sexual misconduct like harassment or assault.
Having the right to appeal an adverse outcome in your Title IX case can make a huge difference in your professional future.
Your Right to Appeal a Title IX Violation
If you have been found in violation of Title IX at your college or university in Vermont, you can appeal the outcome, the penalty, or both. Taking advantage of your right to appeal is critical because the hearing boards that schools use to determine Title IX cases are not prepared to hear such serious accusations.
Permissible Basis for Appealing a Title IX Violation in Vermont
Unfortunately, to get off the ground, a Title IX appeal needs to assert a permissible basis for challenging the outcome of the hearing. These are:
- The violation does not warrant the penalty. If you are only interested in challenging the penalty that was issued—and not the underlying determination that there was a Title IX violation—then a sufficient basis for your appeal can be that the severity of the penalty far outstrips the severity of the violation.
- There is new evidence in your case. If new evidence has come to light that is relevant to your Title IX case and could not have been found during the hearings, you can use that evidence as the basis for an appeal of the earlier outcome.
- There were mistakes in the process of your hearings. Despite the fact that all schools in Vermont write their own rules and procedures for Title IX hearings, there are times where they skip important parts or things do not go as they should. If this happens during your case and it impacts the outcome, you can appeal on that ground, as well.
- Your due process rights were violated. Some schools pursue Title IX allegations with such rigor that they prevent the accused student from raising a meaningful defense or getting their story heard. This can violate an accused student's due process rights, which are triggered by allegations as severe as a Title IX violation, and can form the basis of an appeal.
Vermont's Title IX Appeal Advisor, Joseph D. Lento
If you have been found to have violated Title IX by committing an act of sexual misconduct on a campus in Vermont, you need to appeal the outcome to protect your rights, interests, and professional future.
Student discipline defense attorney Joseph D. Lento can help. By advising you and guiding you through the appeals process in Vermont, he can show you the best avenues to take as you continue to defend your future against these groundless accusations. Contact him online or by phone at 888-535-3686 for help with your case.
- Bennington College
- Castleton State College
- Champlain College
- College of St Joseph
- Community College of Vermont
- Goddard College
- Green Mountain College
- Johnson State College
- Landmark College
- Lyndon State College
- Marlboro College
- Middlebury College
- Norwich University
- Saint Michael's College
- Southern Vermont College
- Sterling College
- University of Vermont
- Vermont Technical College
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 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 Vermont and throughout the nation. Make certain your or your student's interests are protected - Contact National Title IX attorney Joseph D. Lento today.
