A Title IX appeal is typically granted when a college or high school’s investigation into sexual misconduct is found to be inadequate. In some cases, the Title IX appeal process occurs after the conclusion of an administrative hearing. This can happen even if the accused student chooses not to pursue this option.
To file an appeal for Title IX and increase the chances of getting the appeal granted, it is essential that you have an experienced and knowledgeable Title IX attorney by your side. The Title IX appeal process involves many stages.
Let us now look at the main reasons for which Title IX appeals can be granted.
The discovery of new evidence
If new evidence surfaces during the investigation and it can be shown to be vital to the case, then it is essential that you bring it up in your appeal. The chances of a Title IX appeal being granted can be increased if you have discovered new evidence. Even if the new evidence is not in your favor, it can be presented as a way of generating a more thorough investigation. You can also bring up new evidence in an administrative hearing to demonstrate that the investigation was insufficient.
The demonstration of obvious mistakes in Title IX procedures
If you have found any obvious mistakes in the investigation process of your case, then it is mandatory that you point that out in your Title IX appeal. You should also show why the investigation was flawed or incorrect. If the investigation did not follow relevant laws and guidelines, then a Title IX appeal can be granted. You can also show that the investigation was not thorough and did not cover all of the necessary bases, which can lead to a Title IX appeal being granted.
The demonstration of clear bias on the part of a Title IX official
A Title IX official who is biased against you or in favor of the accuser must be removed from your case. The bias can be due to personal relationships of the person with those involved in the case or due to failure on their part to meet the requirement of impartiality. You can also show that the investigator was biased if you have presented evidence that shows a personal interest in your case or if the investigator received gifts or perks from the accused.