If a person believes they have been discriminated against based on their protective class status, they can file a Title IX complaint with their school. After an investigation and hearing, the school’s disciplinary panel will issue a decision. Both the complainant (the party who filed the complaint) and the respondent (the party accused of discrimination) have the right to appeal the final ruling.
The respondent may choose to appeal the decision if they believe the investigation was unfair, the evidence was insufficient, or the punishment was too harsh. They may also challenge any disciplinary actions they face, such as suspension or expulsion. For example, if the respondent believes that the punishment is disproportionate to the alleged offense, they may file an appeal.
When Can You Appeal Title IX Decisions?
Respondents and complainants can file an appeal on the following grounds:
- The panel made a final ruling based on a lack of substantial evidence.
- There is evidence that wasn’t presented at the initial hearing that wasn’t accessible during the first hearing, which will substantially influence the ruling.
- The panel committed procedural defects when conducting the hearing.
- The final ruling involved excessive sanctions.
Learn more about the grounds for a Title IX appeal by reading our blog, “How to Appeal a Title IX Ruling.”
Title IX Appeal: What Evidence Will You Need?
In a Title IX appeal, it is crucial to present evidence that directly supports the specific grounds upon which the appeal is being filed. Providing well-organized and compelling material not only clarifies the basis of the appeal but also enhances the likelihood of a favorable outcome. Below, we offer examples of evidence that can add value to an appeal case.
When filing on the grounds of disproportionate sanctions, the following evidence can be helpful:
- Precedent documentation. An attorney can help the accused compile a list of cases similar to yours and the disciplinary actions taken against the accused in that case. If the sanctions are significantly different than the punishment issued, the panel can see a side-by-side comparison, demonstrating that the discipline imposed in this case is unusually harsh in comparison to established norms.
- Expert testimony. Experts in conduct or Title IX actions can offer their informed opinion on the appropriateness of the sanctions. Their professional assessment lends weight to assertions that the punishment doesn’t fit the violation.
- Impact statements. A person appealing a ruling can provide detailed accounts of how the sanctions will affect their academic progress, career prospects, or personal life. Include supporting documentation such as scholarship terms, job offers, or medical records if relevant.
A key part of proving the sanctions are excessive involves establishing the severity of the violation. Evidence that can establish the severity include:
- Contextual evidence. Parties can provide additional information about the circumstances surrounding the alleged violation that may mitigate its severity, including evidence of miscommunication, cultural misunderstandings, or extenuating personal circumstances.
- Character references. Submit letters from professors, employers, or community leaders attesting to your character and typical behavior. These can help demonstrate that the alleged violation was out of character or unlikely based on your established patterns of conduct.
- Comparative case studies. Just as case precedence can help prove that others were not punished as harshly, these studies can also help establish that cases involving similar acts are treated as severely.
To establish procedural irregularities, you will need the following evidence:
- Timeline discrepancies. Create a detailed chronology of the investigation and hearing process, highlighting any deviations from the institution's published procedures, and include emails, meeting notes, or other documentation that shows when and how proper procedures were not followed.
- Audio/video recordings. If available, submit recordings of the hearing or investigative interviews that demonstrate procedural errors. These could show improper questioning techniques, denial of rights to the accused or complainant, or other violations of due process.
- Policy manual citations. This piece of evidence is arguably one of the most important when trying to prove the panel deviated from approved procedures. Review the university’s manual and/or code of conduct and reference specific sections of the documents that were violated during the proceedings. Highlight the discrepancies between written policy and what actually occurred in your case.
If a person on the disciplinary panel had an undisclosed conflict of interest, which is a procedural issue, the following evidence can be important for your case:
- Documentation of the relationship. Provide emails, social media interactions, or other records showing a pre-existing relationship between a decision-maker and one of the parties involved. This could include evidence of personal friendships, professional connections, grievances between the parties, or romantic involvement that wasn't disclosed during the initial proceedings.
- Witness statements. Collect sworn statements from individuals who can attest to observing biased behavior or hearing prejudiced comments from the decision-maker. These statements should be detailed, including specific incidents, dates, and contexts in which the bias was evident.
- Financial records. If applicable, present documentation showing financial ties between the decision-maker and one of the parties or their families. This could include business dealings, investments, or donations that could potentially influence the decision-maker's impartiality.
In cases where there is new evidence, the newly discovered information or documents are the most key piece of evidence. You will also need evidence that proves the information wasn’t available or discoverable earlier. For instance, if a witness was previously not on campus or reachable during the hearing, they can provide travel documents or photos that show they were in an unreachable area.
In some cases, an expert analysis can be the new, allowed evidence. While the expert may have been available during the proceedings, they may not have been contacted if their services didn’t seem necessary. Forensic examinations, psychological evaluations, or other specialized assessments can offer new insights into the case
To prove the panel lacked enough evidence to offer a ruling, the defense can present the following evidence:
- Inconsistencies in testimonies. If a review of witness statements and other pieces of evidence reveals contradictions, create a detailed comparison showing how these inconsistencies undermine the credibility of the evidence used to reach the original decision.
- Alternative explanations. The burden of proof in these cases is that the facts must be proven with a preponderance of evidence, which means the evidence must be more likely than not to support the allegations. To establish a lack of evidence, provide new information supporting plausible alternative explanations for the events in question.
- Expert critique. Submit an analysis from a qualified expert critiquing the methods used to gather or interpret evidence in the original proceedings. This could address issues like flawed forensic techniques, misinterpreted data, or biased interview practices.
Let Us Help You Develop a Strategy
Parisi, Coan & Saccocio, PLLC represents students, faculty, staff members, students, and others who believe their Title IX rights have been violated. We work to protect our clients’ rights to an unbiased, fair process, and in providing comprehensive counsel, our team can represent you in initial hearings and appeal cases.
Complete our contact form or give us a call at (737) 200-2332 to schedule a consultation.
