Title ix Lawyer

JOSHUA ADAM ENGEL – Partner

Engel is a graduate, cum laude, of Harvard University Law School. He is a highly respected and experienced former prosecutor, appellate advocate, and civil rights litigator.

engel@engelandmartin.com

@joshuaadamengel

Education:

Harvard University Law School, Cambridge, Massachusetts – J.D. cum laude–1995 University of Pennsylvania – B.A. magna cum laude–1992

BIOGRAPHY:

Engel began his career as a prosecutor in 2001 by serving as an Assistant District Attorney in Middlesex County, Massachusetts. In 2002, he moved to Ohio and took a position as an Assistant Prosecuting Attorney working for Judge Rachel Hutzel in Warren County, Ohio. In Warren County, he handled some of the office’s most challenging and high-profile cases, including death penalty cases and cases featured on national news programs like 48 Hours. Engel rose to lead the office’s appellate division, where he not only handled appeals for the office, but was also called upon by state and national law enforcement organizations to write amicus curiae briefs to the Ohio Supreme Court and the United States Supreme Court.

From 2007 to 2010, Engel served as Chief Legal Counsel for the Ohio Department of Public Safety. In that position, he provided legal advice to the Department to aid in the development of a coordinated, comprehensive state strategy to address public safety and security issues. Joshua Engel started his legal career at Choate, Hall & Stewart, a large Boston law firm known for more than a century as the home of some the nation’s most accomplished litigators. At Choate, he represented clients across and outside of the country in complex litigation matters in federal and state courts, as well as in ADR proceedings. He was quickly given the responsibility to handle litigation matters involving millions of dollars for Fortune 500 companies, including Microsoft, Hewlett-Packard, and Travelers.

Engel is a frequent lecturer and author on cutting-edge constitutional law issues.  In 2017, Engel was asked to consult with the Department of Education on revisions to the Title IX process for handling allegations of sexual harassment and sexual assault in colleges and universities.  Engel has taught criminal law and other courses at Wilmington College and has been a featured speaker for various organizations on constitutional law issues, including:

• Higher Learning Commission
• Ohio State Bar Association
• Ohio Prosecuting Attorneys’ Association
• Rosemont College Constitution Day
• Center for Intellectual Property Law and the Whittier Law Review
• Sport Research Institute
• Annual Symposium on Representing Students Accused of Sexual Assault
• Ohio Attorney General’s Office Law Enforcement Conference
• D.A.R.E. International Training Conference

Engel has also published many law review articles on constitutional law, including:

• Doctrinal Collapse: Smart Phones Cause Courts to Reconsider Fourth Amendment Searches of Electronic Devices, University of Memphis Law Review, 2011
• Frequent Flyers at the Court: The Supreme Court Begins to Take the Experience of Criminal Defendants into Account in Miranda Cases., Seton Hall Circuit Review, 2011
• Courts Re-Examine the Application of Goldfinger-Era Electronic Tracking Cases to Law Enforcement Use of GPS Tracking Devices, Richmond Journal of Law and Public Interest, 2011
• Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing, Whittier Law Review, 2012

Title IX Experience:

Engel’s profound knowledge in the domain of Title IX is evident in his comprehensive approach to addressing the multifaceted challenges of this legislation. As a distinguished Title IX lawyer, Engel’s journey began with an unwavering commitment to understanding the nuances of Title IX investigations. This dedication enabled him to master the art of navigating Title IX proceedings, ensuring that justice is meted out fairly and comprehensively.

His prowess in handling Title IX complaints has made him a trusted figure among educational institutions and individuals alike. When faced with the daunting challenge of addressing potential Title IX violations, many have turned to Engel, not just for his reputation as a formidable Title IX defense lawyer but also for his holistic understanding of Title IX’s intricate landscape.

Engel’s commitment transcends mere representation. He has been a guiding light for institutions, helping them decipher the complexities of Title IX investigations and ensuring that every Title IX complaint is addressed with the utmost fairness. His role as a Title IX attorney is further solidified by his endeavors to educate institutions, ensuring that they are well-equipped to handle any potential Title IX violation with diligence and integrity.

The legal community holds Engel in high regard, recognizing him among the nation’s elite Title IX attorneys. This recognition is not just a testament to his legal acumen but also to the trust and respect he has cultivated over the years. Engel’s approach to Title IX is not just about defense or representation; it’s about ensuring that every individual and institution understands their rights and responsibilities, making the legal landscape of Title IX more transparent and accessible for all.

In 2007, Engel’s work as a prosecutor was recognized by a Meritorious Service Award from the Ohio Prosecuting Attorneys Association. He was selected for a number of Committees for the Ohio Supreme Court, including service as an ex officio member of the Ohio Supreme Court Commission on the Rules of Practice and Procedure in Ohio Courts. In 1992, he was honored as a recipient of a Harry S. Truman Scholarship for Public Service. Engel is married and lives with his wife, two daughters, a collie, some number of cats, and whatever other pets his daughters bring home. He is active in the community and officiates swim meets.

Read more about Engel and Ethics here.

Reported Cases
Publications
Podcast Appearances

AREAS OF PRACTICE Bar Admissions

• Ohio, 2003
• Massachusetts, 1995 (inactive)
• United States Supreme Court
• U.S. Court of Appeals 1st Circuit
• U.S. Court of Appeals 5th Circuit
• U.S. Court of Appeals 6th Circuit
• U.S. District Court Southern District of Ohio
• U.S. District Court Northern District of Ohio
• U.S. District Court District of Massachusetts

OTHER PUBLISHED WORKS

• Does Police Use of GPS Devices Need Supreme Court Guidance?, Law Technology News, 2011
• Courts Struggle With Police Searches of Cell Phones , Law Technology news, 2011
• The Social Media/First amendment Face Off, Law.com, 2011
• We the Ppl of the Internet @ge: The intersection of the Constitution and Social Media.
• Rethinking the Application of the Fifth Amendment to Passwords and Encryption in the Age of Cloud Computing.
• Penn State Investigations and the Avoidance of Conflicts of Interest Charges

REPRESENTATIVE CASES

• Doe v. Cummins, 662 F.App’x 437 (6th Cir.2016)
• Doe v. Coll. of Wooster, N.D.Ohio No. 5:16-cv-979, 2017 U.S. Dist. LEXIS 38851 (Mar. 17, 2017)
• Am. Homeland Title Agency, Inc. v. Robertson, S.D.Ind. No. 1:15-cv-02059-SEB-DKL, 2016 U.S. Dist. LEXIS 135133 (Sep. 30, 2016)
• Doe v. Univ. of Cincinnati, S.D.Ohio No. 1:16cv987, 2016 U.S. Dist. LEXIS 165163 (Nov. 30, 2016)
• Bear v. Del. Cty., S.D.Ohio No. 2:14-cv-43, 2014 U.S. Dist. LEXIS 166997 (Dec. 2, 2014)
• Doe v. Ohio State Univ., S.D.Ohio No. 2:16-cv-171, 2017 U.S. Dist. LEXIS 34725 (Mar. 10, 2017)
• Marshall v. Ohio Univ., U.S.D.C., S. Dist. Ohio Case No.: 2:15-cv-775, 2015 U.S. Dist. LEXIS 31272
• Peloe v. Univ. of Cincinnati, U.S.D.C., S. Dist. Ohio, Case No. 1:14-cv-404, 2015 U.S. Dist. LEXIS 19776 (February 19, 2015)
• In re D.S., , 111 Ohio St.3d 361, 856 N.E.2d 921 (Ohio Supreme Court 2006)
• State v. Carswell, 114 Ohio St.3d 210, 871 N.E.2d 547 (Ohio Supreme Court 2007)
• State v. Simon, 2015-Ohio-970 (Ohio Ct. App., Butler Co. 2015)
• State v. Fisher, 2015-Ohio-572 (Ohio Ct. App., Clermont County Feb. 17, 2015)
• Barrow v. Vill. of New Miami, 2014-Ohio-5743 (Ohio Ct. App., Butler County 2014)
• State v. Stamper, 2013-Ohio-5669 (Ohio Ct. App., Butler County 2013)
• State v. Zumwalde, 2014-Ohio-1285 (Ohio Ct. App., Greene County 2014)
• State v. Swift, 2014-Ohio-2004 (Ohio Ct. App., Butler County 2014)
• State v. Eash, 110 Ohio St. 3d 1235 (Ohio Supreme Court 2006) (for amicus curiae Ohio Prosecuting Attorneys Association)
• Murphy v. Department of Correction, , 429 Mass. 736, 711 N.E.2d 149 (1999) (Massachusetts Supreme Judicial Court 1999)
• Canterbury Liquors & Pantry v. Sullivan., 999 F.Supp. 144 (D. Mass. 1998), aff’d Sea Shore Corporation v. Sullivan, 158 F.3d 51 (1st Cir. 1998)
• Springfield Terminal Railway Company v. Canadian Pacific Limited, 133 F.3d103 (1st Cir. 1997)
• Metlife Capital Corporation v. Westchester Fire Insurance Co., 224 F.Supp.2d 374 (D. Mass. 2002)
• Hewlett-Packard Company v. Boston Scientific Corporation, 77 F.Supp.2d 189 (D. Mass. 1999)
• Travelers Casualty & Surety Company v. Boston Gas Company, 76 F.Supp.2d 59 (D. Mass. 1999)

CLASSES / SEMINARS / PRESENTATIONS

• Criminal Law, Wilmington College
• Mediation, Wilmington College
• Winning Domestic Violence Cases, Ohio Attorney General’s Office
• Criminal Law Update, Ohio Prosecuting Attorney’s Association • Advisor to Mock Trial Team, 2002 to present , Wilmington College
• Criminal Procedure Update , Ohio Peace Officer Training Academy, 2009 to 2010•Ohio Attorney General’s Two Days in May Conference, May 2005
• Ohio Prosecuting Attorney’s Association, June 2005 , Countering the “ Virtual Pornography” Defense in Child Pornography Prosecutions
• Ohio Attorney General’s Two Days in May Conference, May 2006 , Winning Domestic Violence Cases: Evidence Based Prosecutions and Stalking Charges
• Ohio Prosecuting Attorney’s Association, April 2008 , Ohio Supreme Court Update
• Great Lakes Law Enforcement Exposition, August 2008 , Search and Seizure Law Update
• Ohio Prosecuting Attorney’s Association, June 2009 , Ohio Supreme Court Update
• Great Lakes Law Enforcement Exposition, August 2009 , Search and Seizure Law Update
• D.A.R.E. International Training Conference, July 2010 , Witness for the Prosecution: Evidence Based Prosecutions in Domestic Violence Cases
• Ohio Attorney General’s Office Law Enforcement Conference, September 2010 , Miranda and Sixth Amendment Update
• Legal Tech West Coast, May 2011 , Social Media and E-Discovery: Criminal Investigations Perspective
• Symposium, Washington, DC, 2014, Navigating Due Process and Title IX Issues in Campus Sexual Assault Procedures: Constitutional, Statutory, Contractual, and Tort Considerations.

HONORS AND AWARDS

• Ohio Prosecuting Attorney’s Association — Meritorious Service
• Harry S Truman Scholarship for Public ServiceProfessional Associations and Memberships
• Ohio State Bar Association
• Warren County Bar Association – Pro Bono Activities
• Legal Advisor, Energize Clinton County
• Fellow, Ohio State Bar Foundation, 2010-2011
• Ohio Supreme Court Commission on the Rules of Practice and Procedure in Ohio Courts, ex officio member, 2008 –2010
• Ohio Policy Committee on Restraint and Seclusion, 2009 to 2010
• Ohio Supreme Court Advisory Committee on Domestic Violence, 2006 to 2008
• United States Supreme Court amicus curiae brief on behalf of National District Attorneys Association in Davis v. Washington and Hammon v. Indiana, 547 U.S. 813, 126 S.Ct. 2266, 165 L.Ed.2d 224 (2006).
• Ohio Supreme Court amicus curiae brief on behalf of Ohio Prosecuting Attorneys Association in State v. Eash, 110 Ohio St.3d 1235, 850 N.E.2d 1212 (2006).
• Harry S Truman Scholarship Foundation Selection Committee, 2007 to 2010
• Warren County Coordinating Council on Domestic Violence and Sexual Assault, 2002 to 2007
• Advisory Board Member, Wilmington College Peace Resource Center, 2005 to 2007