Can You Appeal a Title IX Decision in Texas?

Filing an appeal after a Title IX hearing is possible under the right circumstances

Title IX requires schools and educational institutions to respond promptly and effectively to complaints of sexual harassment and sexual violence. Institutions that fail to meet these standards risk losing their federal funding and may also face legal action. Yet instances of Title IX violations are all too common. Many students and families that have endured a Title IX violation hearing are left wondering what recourse they have when schools get the process or final decision wrong.

Students who were treated unfairly in Title IX hearings have legal options for relief. We can help. Contact the Title IX defense lawyers at Botsford & Roark for a confidential case evaluation. Our law firm has decades of experience defending students against Title IX accusations and a history of handling high-profile Title IX cases involving star athletes and intense media scrutiny. We can tell you if you have a strong case for a Title IX appeal.

Grounds for a Title IX appeal

Not every Title IX decision can be appealed. The case must meet certain standards for review. For a Title IX appeal to be accepted, there must be proof of procedural irregularities or new facts that could change the outcome of the case were discovered after the initial hearing. Here are some common circumstances under which a student should consider filing a Title IX appeal:

Lack of notice. The accused student is not provided with adequate notice of the allegations against them, making it challenging to prepare a defense.
Prejudicial statements. University officials or investigators make prejudicial statements about the accused student before or during the investigation, which can impact the fairness of the process.
Inadequate investigation. The institution fails to conduct a thorough and impartial investigation, which may include not interviewing key witnesses or gathering all available evidence.
Bias or conflict of interest. The individuals involved in the investigation or decision-making process demonstrate bias against the accused student or have a conflict of interest that compromises their impartiality.
Denial of legal representation. The accused student is not allowed to have legal representation or an advisor of their choice during the disciplinary process.
Failure to consider consent. The institution does not properly consider whether consent was given or withdrawn, which is a crucial factor in sexual assault cases.
Failure to preserve evidence. The institution does not properly preserve or document evidence relevant to the case, which can hinder the accused student's ability to present a defense.
Lack of cross-examination. The accused student is denied the opportunity to cross-examine the accuser or witnesses, preventing them from challenging the evidence and statements presented against them.
Unequal resources. The institution provides more resources or support to the accuser than to the accused student, creating an imbalance of power.
Inadequate appeals process. The appeals process is not fair or transparent, and the accused student is not given an opportunity to challenge the initial decision.
Retaliation. The accused student faces retaliation or harassment from the university community or officials as a result of the allegations, which can deter them from participating in the process.
Delayed resolution. The investigation and disciplinary process takes an unreasonably long time, causing undue stress and harm to the accused student.

Contact Botsford & Roark to see if we can help you appeal a Title IX decision

The Title IX complaint process is designed to be neutral, but in practice, it can be difficult for students to navigate without legal assistance. If your Title IX rights have been violated, contact our Title IX defense lawyers for a confidential case evaluation to learn more about how to get the justice you deserve. We are available to hear from you anytime, day or night.