Appealing a Title IX Finding of Responsibility (or Non-Responsibility)

Title IX is a federal law that guides education disciplinary proceedings concerning allegations of sexual harassment, sexual assault, relationship violence, and stalking (among other allegations of misconduct) in higher education institutions. Through a Title IX proceeding, a party is determined “responsible” or “not responsible” for specific allegations, and either party—complainant or respondent—have the right to appeal an adverse determination at the close of the proceedings.

Title IX appeals are guided by federal law, including 34 C.F.R. § 106.45(b)(8). This regulation grants both complainants and respondents an equal right to appeal decisions related to Title IX cases, regardless of their current enrollment or employment status with the educational institution.

Grounds for Title IX appeals can include various factors, such as procedural Irregularities (If the Title IX process did not follow proper procedures, it may be a basis for appeal. This could encompass issues related to evidence collection, interviews, or overall fairness) and bias or conflict of interest (If there is evidence of bias or a conflict of interest during the handling of the case, it can be a valid reason for appeal. This might involve a biased investigator or decision-maker.)

Importantly, the right to appeal is generally not conditioned on a complainant or respondent's current enrollment or affiliation with the educational institution. This means that even if they are no longer students or employees, they still have the right to appeal under federal Title IX regulations.

Specific timelines for Title IX appeals can vary depending on the educational institution's policies and procedures. It's vital for individuals involved in the appeals process to consult their institution's guidelines to understand the deadlines and requirements for filing an appeal, as timelines can be as short as a few days. Appeal timelines can also be jurisdictional in nature, meaning that missing the timelines eliminates the right to appeal.