If you lose your hearing, most colleges and universities give you a right to appeal the decision. Unfortunately, successfully appealing a ruling can be quite challenging. The timeframe to file an appeal must be within a matter of days and the grounds on which to appeal are quite narrow. That is why it is important to hire an experienced Title IX defense attorney to review your case and determine whether you could appeal.
Contact our firm today to get started on your case.
The following are the most common grounds for an appeal:
- Substantial evidence – If the panel’s decision wasn’t supported by substantial evidence that undermined the ruling of the case, the school may allow you to appeal. You may attempt to explain why no reasonable panel could’ve found you guilty given the supportive evidence presented at the hearing.
- New evidence – If there is newly discovered evidence that wasn’t presented during the initial hearing, many schools may let you appeal. The evidence must be of great significance and—for some reason—couldn’t have been used in the hearing. However, if the school argues that you could’ve found the evidence earlier, the sanction may stand.
- Procedural defect – If there was an issue with how the school conducted in the hearing, you may appeal the ruling. There are two main types of procedural defects: the school failed to follow its own policies or the school’s actions against you are unfair (i.e. failed to uphold your right to due process).
- Excessive sanction – If the alleged incident involved minor touching—not sexual intercourse—but the panel decided to expel you from the school, this is an example of excessive sanction. You must show how such excessive punishment will unjustly impact your life, such as losing a scholarship or a job that’s offered.
Once you and your lawyer show that the grounds for an appeal have been met, an appeals officer will review the appeal request and share the request with the other party, who will have an opportunity to submit a written response to these grounds. Once the decision has been made at the appeal, it is final.
If you are interested in appealing a Title IX ruling in New York, California, Texas, or Arizona? Contact Parisi, Coan & Saccocio, PLLC today and request a consultation.