

“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: …
First Lady Melania Trump got a pass for plagiarizing former First Lady Michelle Obama’s speech because a staffer took the blame. But college students accused of plagiarism seldom get a pass. Graduate students, college students, high school students, professors and journalists all get accused of plagiarism. Unlike the First Lady they lack any staffers to blame, so they suffer the consequences. The consequences can be severe. At many schools, plagiarism results in sanctions ranging from an “F” on a paper to expulsion. Mid-range sanctions may include failing the course and receiving notations on the student’s transcript. Such notations range from temporary ones to permanent ones and can follow a student when they seek transfer, graduate school admission, security clearances and employment. Even worse, applications of all types often ask if the applicant has ever merely been the subject of or accused of any academic honor code violation. For professional academics…
On the George Washington University campus, there are several positions that are set up solely to help sexual assault victims. But according to a recent article from the campus newspaper, there is a frequent turnover for these crucial jobs, and victims and experts say the high turnover rate “creates an unstable environment” for the vulnerable people who need support. The paper reports that there have been three victim services coordinators – who provide support for victims during the reporting process – over the past three years, with an interim filling the vital role since the fall. The school says the turnover rate has nothing to do with the job itself, and that it’s normal for institutions of this size to have these kinds of turnover. There’s currently only one full-time staff member in the Title IX office. Shan Wu, a former federal prosecutor who focused on sex crimes for the…
This is a story about what we have in common. The initial reaction to the beating of David Dao, a 69-year old Asian American