Title IX Attorney Campus Sexual Assault Defense
Universities and colleges should be safe havens for students to study, learn, grow, and chart a path toward success. Unfortunately, students often experience sex-based discrimination and harassment on campus. In this situation, you do have legal rights, so contact our Title IX attorneys if you believe this has happened to you. Let Engel & Martin, LLC hear your story so we can determine your best path forward.Engel & Martin has argued some of the most important cases nation-wide, including the important Appeals Court decisions in Doe v. University of Cincinnati, Doe v. University of the Sciences, Plummer v. University of Houston, Roe v. White [Sonoma State University].
TITLE IX EXPLAINED
As part of the Education Amendments of 1972, Title IX protects students and employees from gender discrimination, sexual harassment, and unlawful retaliation. The law applies to universities, colleges, and other educational institutions that receive federal funding. The Title IX attorneys at Engel & Martin, LLC defend and advise students and university employees facing Title IX allegations.
If you have been wrongly accused of violating Title IX, or have been the victim of sexual misconduct at a school, do not hesitate to contact us. We have successfully defended students, employees, and others accused of campus misconduct across the country. Our Title IX attorneys are well versed in the laws, policies, and disciplinary procedures surrounding these cases, and they can help you build a strong defense. Don’t leave your fate to chance or risk accidental self-incrimination. Let us help you defend your rights.
CAMPUS SEXUAL ASSAULT DEFENSE
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
You gave my life back…— Student Accused of Sexual Misconduct, March 2019
- Date rape
- Sexual harassment
- Sexual assault
- Domestic violence
Only an experienced attorney can ensure you receive due process. If someone at your college or university advises you to keep the lawyers out of it, you can be sure they are not looking out for your best interests. In contrast to criminal proceedings, a Title IX case generally does not guarantee you a variety of rights ordinarily available to those accused of crimes. Furthermore, the accusations do not generally have to be proved beyond a reasonable doubt. Criminal charges may also be brought against you based on statements you make in Title IX proceedings. Therefore, it is even more crucial to hire an attorney.
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. We know that being accused of sexual assault as a young person can drastically change your life, and prevent you from having the future you are dreaming of. Call our law firm today to begin protecting your rights and building your defense.
TITLE IX INVESTIGATIONS AND LITIGATION
Engel & Martin, LLC has successfully represented many students in lawsuits following school disciplinary proceedings. Many of these Title IX cases are resolved quietly and favorably. Some, however, have required extended litigation to protect the rights of students.
Engel & Martin, LLC represented the accused student in the landmark case of Doe v. the University of Cincinnati — the case establishing the right of students to cross-examine adverse witnesses in school disciplinary proceedings at public colleges and universities. Our extensive experience in higher education sexual misconduct matters has enabled us to achieve significant wins both at trial and on appeal.
More: Engel & Martin, LLC represents students in school disciplinary proceedings.
Joshua Engel and Anne Tamashasky lead the Engel & Martin Title IX attorneys. 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. Anne Tamashasky is a former prosecutor with significant experience handling school disciplinary proceedings.
More: Joshua Engel in the Media on Title IX issues
Engel & Martin has argued some of the most important cases nation-wide, including the important Appeals Court decisions in Doe v. University of Cincinnati, Doe v. University of the Sciences, Plummer v. University of Houston, Roe v. White [Sonoma State University].
More: Engel & Martin, LLC’s Court Decisions in Student Discipline cases
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. In April 2011, the Office of Civil Rights at the US Education Department sent a letter to colleges and universities after years of criticism for lax handling of campus sexual assault.
According to the Dear Colleague Letter, universities and colleges must follow transparent, prompt procedures to investigate and resolve complaints of sexual misconduct. As a result of this letter, schools were required to adopt a relatively low burden of proof, “more likely than not,” when dealing with sexual misconduct, such as assault.
Against this background, schools adopted various Sexual Misconduct Policies. While these policies often promise to provide those accused of misconduct with “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
Despite these challenges in the process, those found guilty can face devastating consequences such as:
- Academic probation
- Loss of university housing
- Loss of financial aid
- Fines and community service
- Loss of scholarships and grants
Engel & Martin, LLC recognizes the significant expenditure you have made to pursue higher education. The uncertainty of a university investigation can cause you a great deal of stress, so we know that time is of the essence. In addition, our experience with both types of proceedings will benefit you down the road should you face any criminal proceedings related to your school’s allegations of misconduct.
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.
TITLE IX LITIGATION EXPERIENCE
Engel & Martin, LLC has filed lawsuits against schools alleging Title IX, Due Process, Breach of Contract, and related claims against schools nationwide, including against schools in Ohio, New York, Florida, and Texas. We have successfully obtained injunctions against schools seeking to expel or suspend students following hearings that denied the due process rights of students. Our Title IX defense lawyers obtained favorable settlements in most cases before trial, and in most instances were able to proceed without the disclosure of the student’s name.
Representing UC Football Player
Joshua Adam Engel represented a UC Football player charged with a misdemeanor criminal offense.
A former University of Cincinnati football player is facing charges after he threatened physical violence during an altercation with an Uber driver and passengers, according to court documents.
[The Student], 22, was arraigned Wednesday on menacing charges stemming from an incident last Friday.
Engel represented a UC Football player in litigation against the University arising out of a school disciplinary issue. In that lawsuit, the player alleged that UC violated his civil rights by denying him due process in the school disciplinary process.
How Can Our Title IX Defense Lawyers Help Ensure You Receive Your Due Process Rights?
Title IX investigations at colleges and universities can differ greatly from one campus to another. Consequently, the application of due process varies from case to case. Contacting a skilled Title IX attorney who understands the nuances of these situations is the best way to protect your rights.
Without an attorney, you may find yourself alone in a quasi-judicial university proceeding. In some cases, your school may force you to submit a statement, and you may not have access to all the evidence or the opportunity to confront and cross-examine your accuser.
At Engel & Martin, LLC, we can help you ensure that you have a successful defense. With our experience and investigative procedures, we will be able to cross-examine the accuser and other witnesses on your behalf. As attorneys with extensive experience in university disciplinary hearings, we ensure that the evidence is properly analyzed, that your privacy and confidentiality are protected, and that you have a thorough understanding of the allegations of misconduct brought against you by your school.
How Do You Prove Affirmative Consent in a Title IX Investigation?
Across the country, colleges and universities are adopting affirmative consent policies. These policies can pose problems for students who engage in consensual sex but cannot prove it. During your Title IX interviews, you can testify that you received verbal consent. However, that may result in a “he said, she said” situation, in which no proof can be provided.
What is the best way to prove affirmative consent in your defense? Options include:
– Refuting your accuser’s claims through a forensic or psychological evaluation
– Finding witnesses who observed you and the other person engaging with mutual consent, both before and after the incident or while the incident was occurring
– Presenting prior and post-incident text messages showing a positive relationship between you and the other person
However, even texts or other recordings of consent may not be sufficient under the “continuous consent” standard, which requires consent throughout the sexual encounter. The question of proof is still being determined because affirmative consent laws are so new, making it even more important to work with experienced Title IX defense lawyers.
Someone You Can Trust When Quick Action is Necessary
Engel has been recognized as one of the leading Title IX attorneys. He has presented on this issue at numerous nation forums on Title IX and related issues.
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.
Accused of a Title IX Violation? Speak To Our Title IX Defense Lawyers Now!
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. Attorney Engel has been recognized as one of the leading Title IX attorneys. He has presented on this issue at numerous national forums on Title IX and related issues. Students or parents with questions should contact Joshua Adam Engel at 513-445-9600 or at email@example.com to schedule a consultation.