The Title IX Appeals Process for Complainants

At Saland Law, we understand that filing a Title IX complaint is never easy. For complainants who have already endured the trauma of sexual assault, unwanted sexual contact, dating violence, or other forms of gender-based harassment, the outcome of a Title IX hearing can feel deeply personal. When that outcome does not align with the evidence or fails to reflect the severity of the misconduct, it can be devastating. Fortunately, Title IX regulations provide the opportunity to appeal certain decisions. Whether the respondent was found not responsible or you believe there were significant procedural flaws in the investigation or hearing, the appeals process can serve as a vital mechanism for justice.

Led by former prosecutor Jeremy Saland, Saland Law represents both complainants and respondents in Title IX proceedings. Our team is well-versed in the nuances of campus disciplinary procedures, federal law, and the Department of Education’s Title IX regulations. Based in New York City but handling Title IX cases nationwide, we offer informed, compassionate, and strategic counsel to complainants pursuing appeals at colleges and universities across the country.

This page offers a comprehensive overview of the Title IX appeals process from the perspective of the complainant, including your rights under federal law, possible grounds for appeal, deadlines, and how working with experienced legal counsel can make a critical difference.

Understanding Title IX and Your Right to Appeal

Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681–1688) prohibits discrimination on the basis of sex in any education program or activity receiving federal financial assistance. Over the decades, courts and the Department of Education’s Office for Civil Rights (OCR) have interpreted this mandate to include protections against sexual harassment, sexual assault, dating violence, and other forms of sexual misconduct.

Under the Title IX regulations codified at 34 C.F.R. § 106, educational institutions must adopt procedures that provide both complainants and respondents an opportunity to appeal certain decisions. While each school’s policy will vary, federal regulations require schools to offer an appeals process on at least three grounds:

• Procedural irregularity that affected the outcome of the matter.
• New evidence that was not reasonably available at the time of the determination.
• Conflict of interest or bias on the part of a Title IX Coordinator, investigator, or decision-maker.

Some schools may offer additional grounds for appeal, such as sanctions that are too lenient or too severe. As a complainant, you are entitled to the same rights of appeal as the respondent.

Common Grounds for a Complainant’s Appeal

While every case is unique, there are several common reasons a complainant may decide to appeal a Title IX outcome. One of the most prevalent involves procedural irregularities. For example, if the school failed to notify you of a key hearing date, excluded important evidence, or deviated from its own written policy in a way that impacted the decision, that can be grounds for appeal.

Another basis involves the discovery of new, relevant evidence that was unavailable during the initial investigation. In some cases, a witness may come forward after the hearing or text messages previously unknown may emerge that help establish lack of consent or the presence of coercion. If the new information could reasonably affect the outcome, it may justify reopening the case.

Bias or conflict of interest is also a serious issue. If an investigator had a personal connection to the respondent, demonstrated partiality, or made inappropriate statements suggesting a lack of neutrality, these issues must be raised on appeal. Similarly, if the Title IX Coordinator appeared dismissive or failed to follow proper grievance procedures, that could also support a claim of bias.

Some institutions may permit appeals based on the sanctions imposed. If the respondent was found responsible but received a penalty that is disproportionately light compared to the harm caused, the complainant may challenge the outcome as insufficiently protective of campus safety or equity.

The Appeals Process: A Step-by-Step Overview

The Title IX appeals process moves quickly and demands careful attention to deadlines, formatting requirements, and institutional rules. The timeframe and structure will depend on the specific school’s Title IX policy, but most processes include the following general stages.

Step 1: Receiving the Outcome

After the Title IX hearing concludes, both parties receive a written determination outlining the findings and any sanctions imposed. This report typically includes a summary of the allegations, the evidence reviewed, the rationale for the decision, and the disciplinary outcome if the respondent was found responsible. The clock for filing an appeal usually begins as soon as the written determination is issued, so it’s important to act quickly.

Step 2: Reviewing Grounds for Appeal

The next step is to evaluate whether there are legitimate grounds for appeal under the school’s policy. This is a critical point where guidance from legal counsel can be especially valuable. An attorney familiar with Title IX can help assess whether there was procedural unfairness, previously unavailable evidence, or indications of bias that may warrant reconsideration of the outcome.

Step 3: Drafting the Appeal

Once the grounds for appeal are identified, the next task is preparing a written appeal statement. This document must clearly identify the basis for the appeal, provide factual support, and explain how the issue in question materially affected the outcome. A persuasive appeal is more than just disagreement with the decision. It must demonstrate a legal or procedural error, or present new facts that cast doubt on the original determination.

Complainants often benefit from working with an attorney at this stage to ensure that the appeal is cogent, evidence-based, and tailored to the applicable rules. Jeremy Saland’s experience as a prosecutor and Title IX attorney enables him to present strong, legally grounded arguments on behalf of victims of sexual assault, dating violence, or other misconduct.

Step 4: Submitting the Appeal

Once finalized, the appeal must be submitted to the designated appeal officer or panel within the specified deadline, which can be as short as five to ten business days. Some institutions may allow or require electronic submission through a university portal, while others may request physical copies or email delivery. Failure to submit the appeal on time or in the proper format can result in summary denial, regardless of the merits.

Step 5: Respondent’s Opportunity to Reply

In accordance with Title IX’s mandate for equal treatment, the respondent is typically given an opportunity to respond to your appeal. They may argue that the decision was correct or that your claims lack sufficient basis. You may or may not be permitted to reply to their response, depending on school policy.

Step 6: Review and Determination

An impartial appeal officer or panel will review the appeal materials and any relevant responses. In most cases, there is no new hearing, and no new evidence may be introduced unless that is the basis for the appeal. The appeal officer will determine whether the appeal has merit and decide whether to affirm the original outcome, reverse it, or remand it for further proceedings.

The appeal decision is typically final and not subject to further review by the school. However, if you believe your rights were violated during the process, there may be recourse through a complaint to the Department of Education’s Office for Civil Rights or civil litigation in some circumstances.

The Role of Legal Counsel in the Appeals Process

Although schools do not require students to be represented by an attorney during Title IX proceedings, having legal counsel can be pivotal; especially during an appeal. Appeals are formal, time-sensitive, and governed by legal principles that may not be intuitive to someone without legal training.

At Saland Law, we bring decades of experience in criminal prosecution and campus disciplinary proceedings to every Title IX matter we handle. As a former Manhattan prosecutor, Jeremy Saland understands how to identify weaknesses in investigations, highlight procedural flaws, and craft persuasive arguments that resonate with school officials and legal reviewers. For complainants who feel the system failed them, we offer rigorous and respectful advocacy aimed at correcting unjust outcomes and protecting your rights.

Legal counsel can assist with every stage of the process, including:

• Reviewing the determination letter for inconsistencies or legal errors.
• Identifying all viable grounds for appeal.
• Drafting a compelling, well-organized appeal brief.
• Ensuring compliance with deadlines and formatting rules.
• Responding to the other party’s opposition if permitted.
• Advising on potential next steps if the appeal is denied.

In particularly serious cases, such as those involving allegations of sexual assault or repeated unwanted sexual contact, having a lawyer with experience in both criminal and administrative proceedings can provide strategic insight and emotional support during what is often a retraumatizing experience.

Emotional and Practical Considerations for Complainants

Appealing a Title IX decision is not just a legal task. For many complainants, the process is emotionally draining and may feel like reopening wounds they have worked hard to heal. Deciding to challenge an unfavorable outcome requires not only legal clarity but emotional readiness.

Some complainants worry about retaliation, further isolation on campus, or the impact on their education. Federal law prohibits retaliation against any individual for participating in a Title IX proceeding, including appeals. Schools are obligated to take immediate and appropriate steps to protect complainants from retaliation, intimidation, or harassment.

Moreover, seeking an appeal is a way to assert your voice and reaffirm your rights. Even if the outcome does not change, the act of pursuing justice can be validating and empowering. If you feel that your experience of sexual assault, coercion, dating violence, or other Title IX-prohibited conduct was minimized or ignored, an appeal may be the appropriate step to seek accountability.

Protecting Your Rights Through Every Stage

As a complainant in a Title IX proceeding, you deserve a fair and thorough process. When that process falls short, through procedural error, new evidence, or demonstrated bias, the appeals process offers a critical safeguard. But navigating that process successfully requires speed, precision, and a clear legal strategy.

At Saland Law, we are dedicated to representing complainants with sensitivity, integrity, and fierce advocacy. Whether your appeal involves allegations of sexual contact without affirmative consent, coercive behavior in a dating relationship, or a hostile learning environment resulting from harassment, we bring the tools, training, and legal insight necessary to fight for a better outcome.

Our firm works with college and university students, graduate students, faculty, and staff involved in Title IX disputes across the United States. If you are considering an appeal, we are ready to stand by your side.

Contact Saland Law Today

If you are a complainant considering a Title IX appeal, do not navigate the process alone. The legal and procedural complexities can overwhelm even the most determined individuals, and a missed deadline or unclear argument can mean the difference between justice and silence.

Call Saland Law today to schedule a confidential consultation with attorney Jeremy Saland. With experience as a prosecutor and a nationally respected Title IX advisor, Jeremy can help you evaluate your options, understand your rights, and craft a powerful appeal tailored to your case.

Let us help you assert your voice, pursue fairness, and reclaim your educational experience. Your safety, dignity, and future matter. Saland Law is here to protect them.