Title IX Appeals in New York

Title IX does not require schools to have an appeals process. However, the Office for Civil Rights (OCR) recommends that schools adopt appeals procedures. In fact, most universities provide a formal way for students to appeal a Title IX decision, outlining specific steps in each unique school’s grievance procedures.

This means that appeals processes may be different from school to school. The only stipulation Title IX makes in New York is that if a school has an appeals policy, it must be prompt, impartial, and equal for both parties. To best understand such policies, an individual should consult with a lawyer knowledgeable on Title IX laws as soon as possible.

Title IX appeals processes in New York are typically put in place in the event that procedural errors in the investigation occur, or new evidence that could potentially impact the case becomes available.

An appeals process may also exist in case penalties for the perpetrator are considered too harsh or not harsh enough. Simply not agreeing with the final decision, however, is usually not grounds for appeal.

If a university decides to adopt an appeals policy, it must design specific procedures and include them in the school’s Title IX grievance procedures.

A school must also ensure that their New York City Title IX appeals process is speedy and equitable, and that the individuals who are assigned to handle the process are properly trained in dealing with sexual violence trauma.

Since Title IX does not outline a specific appeals process, there are no requirements for a school’s appeals panel. Universities are free to determine how many individuals review the appeal and make a decision, and who they are.

The main similarity among all Title IX appeal panels is that the individuals involved all receive special Title IX training.

For example, at Brown University, the appeal panel is made up of three human resources professionals, including the VP of HR, who have undergone specific Title IX training.

At Pace University, on the other hand, the appeal panel includes the provost and two trained university officials who are appointed by the Title IX coordinator. The University of Minnesota Twin Cities’ appeal panel is only made up of one appellate officer, usually the provost.

At Columbia University, the respondent (alleged perpetrator) and the complainant have seven days to file an appeal after a Title IX decision. If a party files an appeal, the other party is notified within three days and both parties are given the opportunity to write a response for the appeal panel to review.

Appeals are decided by an appellate panel that is made up of the dean of the respondent’s school, the dean of the complainant’s school, and an impartial dean from another university.

They must make a decision within 15 business days and can decide to revise the original decision, reconvene the hearing panel, or investigate the case further.

At New York University, both parties may file an appeal within 10 business days of a Title IX decision. After the other party is notified that an appeal has been filed, both parties can respond in writing to the appeal panel.

The Title IX appeal panel consists of impartial individuals who have had training or experience in dealing with sexual misconduct cases. They have 15 business days to affirm the original decision, alter the sanctions, or send the case back for additional investigation.