Title IX

“It is [the accused student’s]  good fortune to have as her attorney Josh Engel, whose practice is largely centered on suing universities . . . on behalf of plaintiffs who faced discipline for sexual misconduct by campus disciplinary proceedings” — The Atlantic, June 1, 2018

“You gave my life back…”  — Student Accused of Sexual Misconduct, March 2019

Engel & Martin, LLC is one of the leading firms nationally in litigating on behalf of students who have been found responsible, or ‘guilty’  in Title IX sexual misconduct disciplinary proceedings.

Engel & Martin, LLC represented the accused student in the landmark case of Doe v. University of Cincinnati the case establishing the right of students to cross-examine adverse witnesses in school disciplinary proceedings at public colleges and universities.

More: Engel & Martin, LLC’s Court Decisions in Student Discipline cases

 

Engel & Martin, LLC has successfully represented a significant number of students in lawsuits following school disciplinary proceedings. Many of these cases are resolved quietly and favorably. Some, however, have required extended litigation to protect the rights of students.

More: Engel & Martin, LLC represents students in school disciplinary proceedings.

 

Joshua Engel on School Disciplinary Proceedings

Joshua Engel and Anne Tamashasky lead the Engel & Martin Title IX team.  Engel has been featured in a number of national publications discussing Title IX issues, including  The New York Times and The Chronicle of Higher Education.

More: Joshua Engel in the Media on Title IX issues

Anne Tamashasky is a former prosecutor with significant experience handling school disciplinary proceedings.

Understanding the Background

Students need to recognize that an allegation of sexual assault does not occur in isolation. These cases arise amidst a growing national controversy about the responses of colleges and universities to sexual assaults on campuses. After years of criticism for being too lax on campus sexual assault, on April 11, 2011, the U.S. Education Department’s Office of Civil Rights sent a “ Dear Colleague” to colleges and universities. The Dear Colleague Letter indicated that, in order to comply with Title IX, colleges and Universities must have transparent, prompt procedures to investigate and resolve complaints of sexual misconduct. Most notably, the Dear Colleague Letter required schools to adopt a relatively low burden of proof— “more likely than not“—in cases involving sexual misconduct, including assault.

Joshua Engel on Title IX Hearings

Against this background, schools adopted various Sexual Misconduct Policies. While these policies often promise to provide those accused of misconduct “a prompt, fair, and impartial investigation and resolution,” the truth is often different. Schools repeatedly rush to judgment in an effort to find students “responsible” in order to “look tough.” Worse, the job of investigating and adjudicating these claims often is carried out by administrators with no experience in investigations and no knowledge of the fundamental due process rights owed to students.

The Department of Education has withdrawn the Dear Colleague Letter and proposed new regulations.  Engel was asked by the Department of Education to consult on the new regulations.

Yet, still, the hearing processes by the schools often are “ kangaroo courts” where a student is presumed to be guilty. Some of the problems we have observed include:

Panel members who are pursuing a biased political agenda instead of seeking the truth

Biased investigations, including instances where the investigator hides evidence that is helpful to the accused

The inability of students to effectively cross-examine witnesses or bring in supporting witnesses

The unwillingness of panels to consider relevant evidence

Joshua Engel on Title IX Process

More: Joshua Engel has been recognized by the news media as one of the leading attorneys representing students who have been accused of sexual assault and sexual harassment.

More:  The Implications of an adverse Title IX finding by a school.

Litigation Experience

Engel & Martin, LLC has filed lawsuits against school alleging Title IX, Due Process, Breach of Contract, and related claims against schools nationwide, including against schools in Ohio, New York, Florida, and Texas.

Engel & Martin, LLC has successfully obtained injunctions against schools seeking to expel or suspend students following hearings that denied the due process rights of students.

The Firm has obtained favorable settlements in most cases before trial, and in most instances is able to proceed without the disclosure of the student’s name.

Someone You Can Trust When Quick Action is Necessary

Engel has been recognized as one of the leading attorneys in this field. He has presented on this issue at numerous nation forums on Title IX and related issued.

All of the attorneys at Engel & Martin, LLC are former prosecutors.  As a result, the Firm uniquely combines experience in three important fields: civil rights, school disciplinary proceedings and criminal defense.

Students or parents with questions should contact Joshua Adam Engel at 513-445-9600 or by email.

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