If you or your child has been accused of misconduct in institution disciplinary and the officials found you responsible, you should act quickly to protect your rights. Almost every school has an appeal process to the Dean of Students or University President.
The time limit you file for an appeal is very short, which is 72 hours from the decision rending finding responsibility and imposing sanctions. It is important to file a notice of appeal and present the documents required to avoid missing the deadline. To know more about Title IX investigation and rules, visit studentdisciplinedefense.com.
What to do if you disagree with the decision of the Title IX investigation?
You can appeal the decision of the Title IX investigation if you have the following arguments.
- An error in procedure impacter the disciplinary procedure outcome
The procedural error could include a failure to provide proper notice of the hearing, failure to provide proper access to evidence or witnesses, or failure to provide a fair opportunity for the student to present a defense. It could also include improper conduct by the decision-making body, such as bias or conflict of interest, or a failure to comply with the university’s own procedural rules. In any case, if a procedural error is found to have significantly impacted the outcome of the disciplinary procedure, the student may be entitled to a new hearing or other relief.
- New evidence was discovered after the original investigation.
If new evidence becomes available after the course of a Title IX investigation, the school or organization must take into account the latest evidence to comply with Title IX regulations. Depending on the nature of the new evidence and how it affects the investigation, the school or organization may need to reassess the facts and adjust its findings accordingly. The school or organization may also need to contact the parties involved to discuss the new evidence and determine how it affects the outcome of the investigation. Ultimately, the school or organization must make sure that the investigation is conducted fairly and that all parties have had the opportunity to present their case.
- The sanctions are substantially inappropriate to the severity of the violation.
The sanctions imposed in Title IX cases can include expulsion, suspension, and other punishments unrelated to the offense. This can be seen as excessive and can have long-term effects on the student’s future. Additionally, the process of determining the appropriate sanctions can be arbitrary and biased, leading to unfair outcomes. This can be seen as a violation of due process rights and can result in sanctions that are not proportional to the offense.