Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues. 

Under Title IX, Virginia schools are responsible for ensuring that all students have equal access to education regardless of gender, sexual orientation, or gender identity. Gender-based discrimination incidents like sexual harassment and sexual assault are prohibited on and off state campuses by the federal civil rights law. If the alleged incident is pervasive enough to create a hostile environment for any members of the campus community, the school is obligated to take action.

Students accused of violating Title IX policy at their school will undergo a resolution process. It involves an investigation, several meetings, and a hearing that are designed to help a school come to a determination of “responsibility” or to dismiss the charges altogether. When Title IX proceedings conclude the former option, a student respondent can appeal the school’s decision and/or sanction.

Your Right to Appeal

Student respondents who feel that their case outcome was unfair or unjustified are entitled the right to appeal. An appeal is essentially a written request for a school to reconsider its decision. The appeal process exists to check schools in decisions that have the potential to adversely affect the academic and professional futures of students. So if you feel that something wasn’t quite right in the disciplinary process, and you have some evidence to back that inclination, you may have a viable appeal.

Further questions about the process and the course of action you should take in your unique circumstances require the guidance of a skilled student defense attorney. A violation of Title IX carries harsh ramifications. You should have a comprehensive understanding of your right to appeal an outcome in your case.

Grounds for an Appeal

For an appeal to be deemed valid and considered by an institution, it should be based on substantial grounds. Most schools outline guidelines for what information an appeal should contain. A decision to appeal a determination and/or sanction usually boils down to how well a student and his or her representation can establish at least one of the following grounds:

  • Procedural error: an error was made throughout the disciplinary process that substantially affected the outcome of a determination and/or sanction.
  • There was a violation of due process rights: an institution stripped a student respondent of their entitled rights under Title IX and school regulations.
  • New evidence available: new evidence that could have benefited a respondent in a hearing or investigation is now available
  • Disproportionate sanction: the sanction recommended is unduly disproportionate to the severity of the sanction.

If an appeal is not turned in on time or is considered substantively ineligible to your college, the original finding and sanction will stand.

Virginia Title IX Appeal Advisor

If you’re a Virginia student facing serious consequences due to a Title IX violation, retaining a student defense attorney is a must. An appeal is your last chance at salvaging your reputation, preserving your academic record, and in some cases, continuing your education at that school. Skilled attorneys with the LLF National Law Firm have the skills and expertise to help you come out on top. Contact the LLF National Law Firm today.

Virginia colleges and universities where the LLF National Law Firm can help as your or your student’s Title IX advisor during investigations, hearings, and appeals include, but are not limited to, the following schools:

  • Appalachian College of Pharmacy
  • Averett University
  • Bluefield University
  • Bridgewater College
  • Christopher Newport University
  • College of William & Mary
  • Eastern Mennonite University
  • Eastern Virginia Medical School
  • ECPI University
  • Emory & Henry College
  • Ferrum College
  • George Mason University
  • Hampden-Sydney College
  • Hampton University
  • Hollins University
  • James Madison University
  • Liberty University
  • Longwood University
  • Mary Baldwin University
  • Marymount University
  • Norfolk State University
  • Old Dominion University
  • Radford University
  • Randolph College
  • Randolph-Macon College
  • Regent University
  • Roanoke College
  • Shenandoah University
  • Southern Virginia University
  • Sweet Briar College
  • The University of Virginia’s College at Wise
  • University of Lynchburg
  • University of Mary Washington
  • University of Richmond
  • University of Virginia
  • Virginia Commonwealth University
  • Virginia Military Institute
  • Virginia Polytechnic Institute and State University
  • Virginia State University
  • Virginia Union University
  • Virginia Wesleyan University

Washington and Lee University

A Title IX finding of responsibility can change an accused student’s life if not properly addressed and appealed, and the LLF National Law Firm have a decade of experience passionately fighting for the futures of our clients at universities and colleges throughout the nation. They do not settle for the easiest outcome, and instead prioritize their clients’ needs and well-being.   Make certain your or your student’s interests are protected – Contact  a National Title IX attorney at the LLF National Law Firm today.

Virginia

Tell About Your Case

When Academic Discipline Turns Into Litigation

A recent Idaho case shows how academic disputes can escalate when fairness is in question, particularly where allegations of racial discrimination are raised under federal civil rights law. According to the Idaho Capital Sun, a jury awarded $160,000 to a doctoral pharmacy student who alleged racial discrimination after being removed from […]

When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]