If someone has alleged that you violated Title IX and if you have been found responsible for such Title IX violations, this does not necessarily mean it’s the end of your case. You may be able to appeal an adverse decision and continue to fight the allegations against you. Likewise, if the complainant wants to appeal the dismissal of the case or another adverse decision, the complainant may be able to do so.
Being found responsible for Title IX violations can have a profound impact on your future. The ultimate outcome of your Title IX case can affect your education, employment opportunities, and future prospects. An appeal presents an opportunity to avoid the stigma that comes with being found responsible for violating rules against sexual assault, sex discrimination, or sexual misconduct.
However, appeals are legally complex. An experienced Title IX defense lawyer from KJK Student & Athlete Defense can review your situation and explain if you have viable grounds for appeal. We can provide tailored advice and legal representation. Contact us today to learn more.
What Is an Appeal?
It’s important for anyone contemplating a Title IX appeal to understand what an appeal is – and what it is not. An appeal is not a retrying of the case. You can’t appeal an outcome just because you don’t like the decision.
Instead, there are usually limited grounds that you have to appeal a decision. You are asking a higher authority to review the decision and determine if there was an error in how the decision was reached. The appeal process provides a formal avenue to seek review of the legal case and ensure if the outcome was fair.
Legal Grounds for Appealing a Title IX Decision
One of the complicating factors about Title IX cases is that every Title IX case is different. That’s because, although the actual verbiage of Title IX is limited, each school or educational institution is required to enact a Title IX policy. These policies must comply with federal law, but are extremely individualized in nature.
The specific grounds to appeal Title IX should be included in the educational program’s policy. You must make sure that your appeal fits within one of the grounds of the policy. The legal grounds for appealing a Title IX case generally include the following:
Procedural Irregularity
Procedural irregularity means that the educational institution failed to follow its Title IX procedures in such a way that significantly impacted the case’s outcome. Examples of situations when procedural irregularity may have occurred include the following:
- The Title IX coordinator did not provide adequate notice of the allegations to the accused
- The complainant or accused was not given an opportunity to present relevant evidence.
- The Title IX office failed to conduct a fair and impartial investigation and/or hearing.
A slight deviation from the established procedures that do not affect the fundamental fairness of the process is not enough to succeed on these grounds. Instead, the error must have been sufficiently material to have potentially changed the decision in the case.
Conflict of Interest or Bias
Title IX’s appellate grounds may include a conflict of interest or bias on the part of various individuals involved in the Title IX case, such as:
- The Title IX coordinator
- The Title IX investigator
- The hearing officer
- An administrative officer
The basis of this type of claim is that an individual central to the outcome of the case had a conflict of interest or exhibited bias that affected the outcome of the case. To succeed with this type of argument, the appellant must show that the bias or conflict was real and had a tangible impact on the proceedings’ fairness.
New Evidence
A separate ground for appeal is if new evidence emerged that was not reasonably available at the time of the initial investigation or hearing, and this evidence is significant enough that it could have altered the case’s outcome. The evidence must be new, relevant, and materially sufficient to have potentially altered the outcome of the case. The evidence could not have been intentionally withheld without good reason or overlooked.
Inconsistent Findings
Inconsistent findings can occur when there are differences in legal interpretations regarding university policies, challenges in the investigative process, or in enforcement. Sometimes, inconsistent findings can lead to a procedural error as a basis for appeal.
Inappropriate Sanctions
Inappropriate or disproportionate sanction appeals do not question the determination of the outcome, rather the response to the outcome. Instead, the appeal is based on the fact that the sanctions are disproportional to the alleged misconduct.
Again, the specific grounds for appeal are outlined in each school’s Title IX policy. Carefully review your school’s policy and seek legal advice if you need assistance in preparing an appeal.
Potential Outcomes of an Appeal
Various outcomes can follow an appeal, which may be based on the specific relief the appellant requested or what the appellate officer or panel deems fair after reviewing the appellate paperwork. Possible outcomes also depend on where the Title IX process was at when the decision was rendered.
Depending on the circumstances, Title IX appellate outcomes could include the following:
Affirmation of the Original Decision
If the original decision is affirmed, this means that the appellate officer or panel agrees with how the decision was reached, and the initial decision is upheld. The written decision should explain how the appellate panel reached this conclusion.
Reversal of the Original Decision
If the appeal is compelling, the appellate panel may determine that a significant procedural error occurred, that new evidence likely would have changed the original decisions, or that the original decision was clearly erroneous based on the evidence. It could reverse the original decision.
For example, the appellate panel could disagree with the investigation that concluded a person was responsible for violating Title IX and say that the individual did not violate Title IX. This outcome can ultimately conclude in the case being dismissed or a technical finding of not responsible.
Remand for Further Proceedings
Inconsistent findings or interpretations could result in the appellate panel determining that the original factfinder erred in how they reached their decision and may provide instructions on how they should have considered the evidence. They don’t substitute their judgment for the original decision maker’s judgment, though.
They simply instruct them on what test to use or which further action to take so that a fair decision can ultimately be reached. For example, the appellate officer could order that the investigation be reopened, new evidence be considered, or a new hearing conducted.
Modification of Sanctions
If the appellate officer or panel determines that sanctions were too harsh or disproportionate to the alleged conduct, they may modify the sanctions. In rare circumstances, they may make the sanctions harsher.
How to Appeal a Title IX Decision
It’s important for anyone contemplating a Title IX appeal to understand the intricacies involved in this. For the most part, students should avoid trying to prepare their own appeals. They must carefully follow rules and procedures, and they are stuck with what they submit, so it’s best to engage the services of a legal professional.
A lawyer can review the school’s Title IX policy for specific information about appeals and comply with the form and page limitations of the appeal. They can also specifically request the type of relief the appellant is seeking, such as a reversal of the decision or a remand.
Appeals in Title IX cases are extremely time-sensitive. Affected students or faculty members often only have mere days from receiving the notification of the initial decision to submit an appeal. An experienced attorney from our law firm can help craft a persuasive, well-reasoned, and compliant appeal on your behalf. Call us today for a confidential case consultation.
What Happens After You File a Title IX Appeal?
The specific process that is involved after filing a Title IX appeal varies by the organization. Generally, the process includes the following steps:
- Procedural review of appeal: The Title IX coordinator evaluates whether the appeal is filed within the applicable deadline and states at least one of the permitted grounds for appeal. The Title IX coordinator does not review the appeal for its merit or decide on it. They just ensure that the appeal is technically compliant. If it is not, it can be dismissed, and the coordinator can provide written notice to the parties of the dismissal.
- Notification of appeal: Typically, the Title IX coordinator notifies the non-appealing party of the appeal and provides a copy to them. The non-appealing party may be given a short time to submit a written opposition to the appeal.
- Appointment of the appellate officer: The Title IX coordinator appoints an appellate officer or panel who will be responsible for reviewing the appeal and deciding on its merit. This person or panel is different from the original one, ensuring a new and objective review.
- Determination of appeal: The Title IX panel or officer reviews the appeal and objection, if any. The review is typically limited to the written documentation, and they don’t provide for new hearings or interviews. They only consider the grounds raised in the appeal and not the entire case. They make a decision and then communicate this to the parties. Their decision is in written form.
A decision about the Title IX complaint becomes final after the time for appeal has passed, and neither party has appealed the decision, or the appeal council has dismissed the appeal or resolved it through a written decision.
What Can I Do If I Disagree with the Appeal Decision?
The decision on the appeal is typically the final institutional action on the matter. If you have reviewed the appellate decision and still believe that your rights were violated or that the outcome is unfair, you may be able to file a complaint with the Office for Civil Rights with the Department of Education or by filing a lawsuit in federal court. An experienced lawyer can walk you through these options.
Challenges with Title IX Appeals
Title IX appeals can be complicated, yet fast-moving and final. By the time you understand what the process is all about, the deadline to appeal may have passed. Some of the issues that lay people run into when trying to deal with a Title IX appeal include:
- Not understanding the appellate process
- Not understanding the grounds to allege when making an appeal
- Missing important deadlines or trying to respond too late
- Not knowing what issues to raise
- Not being familiar with how to preserve issues during the investigation and hearing, including making relevant objections
- Not understanding when the school doesn’t follow its own written policies
- Not being able to accurately identify bias or conflicts of interest
One of the major issues with the Title IX process is that valuable information can be lost or destroyed if it is not properly handled, such as:
- Digital calendar information
- Text messages
- Phone call logs
- Emails
- Social media messages
- Keycard access logs
- Metadata embedded in digital files
- Photos
- Videos
- Security footage
Even when the physical form is preserved, such as a photo, the underlying metadata could be lost, such as date and location stamps. Educational institutions may have systems that immediately overwrite old data, so if you don’t preserve it quickly, it may be irretrievably lost or destroyed.
An experienced attorney can help craft a compelling appeal on your behalf, safeguard evidence, and protect your legal rights.
Contact Our Nationally-Recognized Law Firm for Legal Assistance with Your Title IX Appeal
If you have reached the point in your Title IX case where you are considering an appeal, you don’t have much time to safeguard your rights. An experienced attorney can help craft a persuasive appeal in your case within the strict timelines designated by your school. If you retain our services earlier in the process, we may be able to prevent an adverse decision from being made in the first place. Contact us today for help challenging unfair outcomes.