“As attorneys, we have been approached by dozens of students from schools across the nation facing disciplinary proceedings. Most of these matters have been resolved quietly; some have led to litigation. What they all have in common is that the students believe that the procedures did not afford them fundamental fairness.” — Joshua Adam Engel, March 2015 issue of Fraternal Law.
Too often, students who are accused of serious misconduct in a student disciplinary proceeding assume that the school just wants to “find out the truth.” These students assume that if they just tell an administrator what happened, everything will work out fine.
This is a big risk.
Students can be expelled or suspended based on rumor, innuendo, and hearsay. Disciplinary findings can appear on a transcript and can lead to difficulty in enrolling in graduate programs.
Engel & Martin, LLC, has successfully advised students at numerous schools across the country, ranging from Oregon to New York. Our attorneys spend time studying the rules and meeting with the administrators. More importantly, as former prosecutors our attorneys uniquely combine experience in three areas: civil rights, Title IX litigation, and criminal defense.
Engel and Martin, LLC has represented a significant number of students in both school disciplinary investigations and school disciplinary proceedings. Many of these cases are resolved quietly and favorably. Some, however, have required a school hearing or, even, litigation to protect the rights of students.
The goal is to resolve all Title IX investigations with a “Not Responsible” finding. Essential to obtaining this result is the knowledge by schools that Engel & Martin isn’t afraid to challenge schools in court and has filed lawsuits or assisted with litigation challenging student disciplinary procedures in Ohio, Texas, New York, Kentucky, and other states.
The first step in responding to any allegation of sexual assault is to conduct a full and complete investigation. This may include work by trained former law enforcement officers. In many cases, a polygraph examination is a useful tool. A good investigation can be used to clear a students’ name quickly, and may avoid further disciplinary proceedings.
Engel & Martin, LLC has represented and advised students in multiple states and has been recognized as one of the leading firms in this field. Students with questions should contact Joshua Adam Engel or Anne Tamashasky at 513-445-9600 or by email.