




“Is it too late?” All too often, I get this question from a parent whose college student son or daughter has already been suspended or expelled for a Title IX violation, plagiarism accusation, or other student conduct code or academic honor code violation. While it might seem obvious that a lawyer is needed if your son or daughter is accused of campus sexual assault or cheating, the reality is both students and families forego getting college student defense legal advice. Why? Here are some of the reasons parents and students give for failing to seek legal advice for a university discipline hearing: We Thought the School Would Be Fair Fairness, like beauty, is in the eye of the beholder, but consider this: fair “trials,” “legal proceedings,” and “investigations” are conducted by lawyers, judges (who are lawyers) and professional criminal investigators (police and other law enforcement). These professionals have…

George Bernard Shaw’s play “Man and Superman” contains the famous line: “Remember: those who can, do; those who can’t teach.” The same may be said for Title IX consultants who offer training for colleges and universities in how to conduct Title IX campus sexual assault investigations. Title IX investigations should be conducted by Title IX investigators who have been trained by former sexual assault investigators, not consultants who merely instruct how to “comply” with Title IX law and guidance issued by the Department of Education. Similarly, training for Title IX hearing panels should be conducted by Title IX trainers who are experienced sexual assault investigators. Investigating a sexual assault is not the same as investigating sexual harassment. The skills and experience needed for Title IX campus sexual assault investigations do overlap with the skills and experience needed for criminal sexual assault investigations. But the overlap works this way: …