How likely is it an appeal will overturn title ix decision?

goodmod · 2021-10-05T06:29:17+00:00

Please also post this on r/SupportForTheAccused.

evenhub · 2021-10-05T13:17:30+00:00

Appeals almost never overturn the decision fortunately. Unfortunately this only marginally reduces your stress on the situation.

Clemicus · 2021-10-05T02:32:35+00:00

No idea, sorry. I hadn't actually heard of an appeals process for the accuser before.

The only thing I know is it's likely, if you share the same lessons, you maybe asked to change your schedule or, at worst, the false accuser could claim to feel intimated by your presence and you'll asked to take a years sabbatical

*Edit: rewrote part

TAMU_TIX_Throwaway · 2021-10-05T13:18:19+00:00

IANAL but I have some experience in navigating title ix cases.

I assume this is through the school and not OCR or a traditional court. I don't know national stats. Even if you had those it wouldn't be that useful as the particulars of your case are more important. Also the details of procedure required by your school are critically important to making an assessment.

From my experience in dealing with a few schools, the appeals officer will be expected to assume the original finding was correct. Appeals are also usually based on procedural issues or new evidence rather than "I disagree with the outcome."

From the "Summary of Major Provisions of the Department of Education's Title IX Final Rule" issued by the federal government:

The Final Rule states that a school must offer both parties an appeal from a determination regarding responsibility, and from a school’s dismissal of a formal complaint or any allegations therein, on the following bases: procedural irregularity that affected the outcome of the matter, newly discovered evidence that could affect the outcome of the matter, and/or Title IX personnel had a conflict of interest or bias, that affected the outcome of the matter.

Talk to a lawyer who will be more informed. State law and school standard administrative procedure also matter.

Title	How likely is it an appeal will overturn title ix decision?
Author	Past_Bridge8784
Upvotes	7
Comments	4
Date	October 4, 2021 7:39 PM UTC (4 years ago)
Subreddit	Posted in /r/MensRights
Original Link	https://old.reddit.com/r/MensRights/comments/q1d7zk/how_likely_is_it_an_appeal_will_overturn_title_ix/
Archive Link	https://theredarchive.com/r/MensRights/how-likely-is-it-an-appeal-will-overturn-title-ix.1077422 https://theredarchive.com/post/1077422

Comments