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Student’s innocence corroborated in claim of non-consensual sexual intercourse

The university opened an investigation of our client based on a female student’s claim that he engaged in non-consensual sexual intercourse with her. The student sought counsel from Duffy Law immediately upon getting notice of the charge by the school, and we were able to advise the student on strategy. He entered the school’s disciplinary proceedings system and faced an investigation, a hearing, and sanctions up to expulsion.  Our investigator identified witnesses and uncovered digital evidence corroborating our client’s claim of innocence. We prepared him for his interview with the school’s investigators and attended the interviews with him. Because the investigation ended with insufficient evidence to go forward, no formal charges were brought, no formal hearing was held, and the student was found “not responsible” which, in the language of college disciplinary proceedings means “not guilty.
Large public university 

Expelled medical student gets reinstated to his program

Our client was a medical student who was found responsible for a violation of the school’s academic conduct code and was expelled.   Duffy Law entered the case to appeal the finding and sanction. We prepped the student for the appeal and then we communicated with the Deans of the private medical school, and discovered and presented evidence supporting our claim that our client had certain ADA-based disabilities that had caused the issues.  We worked with the school, including its General Counsel, to create a plan that accommodated his disabilities under the ADA and section 504 laws, and that allowed him to return.
Small private university

Female survivor of stalking and intimate partner violence able to continue her education with confidence and security

Our client was the victim of stalking and intimate partner violence whose perpetrator followed her to, and then enrolled in, the same graduate where the stalking and harassment continued. We guided our client in getting proper physical protection, we collected evidence and witness testimony, and engaged the support of the Title IX office at the institution. We helped her understand and navigate the many complex options available to her, including a criminal complaint, an informal complaint process, a formal complaint process, or doing nothing. We guided her through the investigative process, including interviews with various school and law enforcement officials. We also negotiated with University attorneys to conduct a new investigation and ultimately negotiated an agreement that allowed our client to continue her education in a safe setting at no cost to her and that allowed for reimbursement of her attorney’s fees.
Mid-size private technology institute

Two students accused of Academic Dishonesty found not responsible

Our clients were accused of academic dishonesty involving an in-person exam. We worked with the students to collect and examine extensive data involving the complex subject matter. Through the collection of evidence including the testimony of an independent witness whose statement we acquired and presented to the University administrators during a lengthy Zoom-based hearing, our clients were found not responsible and there was no notation on their academic transcripts.
Large public research university

Student charged with sexual harassment and stalking found not responsible 

Our male client was charged with stalking and sexual harassment by a male complainant based on a complicated set of events spanning the fall and spring semesters and was facing possible expulsion. The complainant also filed a complaint with the school’s police department.  After the case was investigated and a report issued, our client participated in a two-day hearing before a three-person panel of school staff members.   We accompanied our client to interviews and procedural meetings with the school and worked with the school to assist him in obtaining appropriate accommodations for his disabilities including helpful modifications to the hearing process. We prepared our client for, and accompanied him to, the subsequent two-day hearing in which he was required to make an opening and closing statement, answer questions by the panel, and question all the witnesses (including a police officer and the school Title IX coordinator). Duffy Law interviewed over ten separate witnesses in preparation for the hearing, and our client’s presentation of these witnesses at the hearing helped persuade the hearing panel that our client was not responsible for any of the four charges against him.
Large public university  

Sanction of one semester probation issued for use and possession of narcotics

After a room search where drugs and paraphernalia were found, the student was charged both by the school and by the police. The student was facing suspension or expulsion for the school charges and possible jail time for the criminal charges. We worked with his criminal lawyer to prepare the student for his school interview, and emphasize  what points he should raise and not raise, and what he could and could not say to ensure that he did not negatively affect his ongoing criminal matter.  We investigated the facts and interviewed witnesses and accompanied the student to his disciplinary interview.   Our client was found responsible of the charges but was sanctioned only with probation for one semester, which came off his record after he successfully completed the probationary period.
Midsize state university

Student charged with non-consensual sexual intercourse found not responsible

Our male client was charged with non-consensual sexual intercourse and intimate partner violence by a woman with whom he had a previous long-standing relationship. The case involved multiple incident dates over the course of a year. Our office collected all the necessary evidence including witness statements, texts messages and social media posts, and emails which were strategically organized to be presented in a way that demonstrated our client’s strong credibility and allowed for the accusations against him to be dismissed. We supported and guided our client through the hearing process during which he was found not responsible. When the Complainant appealed the final decision, we helped our client respond to the appeal and ultimately have the finding of no responsibility for both charges affirmed.
Small private university

Female complainant’s rights, health, and safety protected throughout lengthy proceedings

Our client was sexually assaulted by a male student acquaintance. We became involved to support our client in getting proper medical treatment, preserving and collecting evidence and witness testimony, and securing therapeutic support.  We helped her understand and navigate the many complex options available to her, including a criminal complaint, an informal complaint process, a formal complaint process, or doing nothing. We guided her through the informal process and then the formal process, including interviews with various school and law enforcement officials, and worked closely with the school to put in place appropriate accommodations ensuring that all interviews and hearings did not retraumatize her.  The male student was found responsible and was expelled.
Large private university  

Student charged with fraternity hazing received reduced sanction  

Our client was given a two-year suspension to begin immediately prior to the end of the fall semester of his senior year, for which he would have lost all credits and tuition, if he accepted responsibility for the charges with no hearing.  This would have delayed his graduation by a full two years.  We investigated the facts, interviewed relevant witnesses, and discovered helpful forensic evidence. We communicated with his national fraternity and enlisted their help to prepare and guide the student through the two-month process including his hearing. We discovered witnesses who testified for him at the hearing and helped him develop the presentation of mitigating evidence regarding the conduct in question. Our client was permitted to finish the fall semester and lost no credits. The sanction was a one-year suspension. However, we worked with the school to permit him to finish his studies at another school the spring semester, transfer the credits and graduate from the school that summer with a very prestigious degree, rather than waiting another year to graduate.  
Large private university 

Female student accused of sexual misconduct found not responsible

A fellow female student accused our client of serious sexual misconduct. The school opened an investigation while she was studying abroad, and the school charged her with sexual misconduct.  We worked with the student to uncover previously undisclosed facts and communicated with school personnel to bring to light relevant underlying disabilities to ensure she was accommodated during the interviews and hearing  (for example, by not rushing the procedure and providing appropriate technical support for her while overseas). We prepared her for her interviews and hearing to minimize any perceived lack of credibility issues stemming from her disability and accompanied her to the interview and hearing (via video conference). Our client was found not responsible.
Small private college  

Accused second-semester senior found not responsible and able to graduate on time and with no record of misconduct

Our male client was charged with violating the policy prohibiting non-consensual sexual intercourse. The incident occurred in the fall of 2020 and was the first matter that the University was processing under the new Title IX regulations issued in August 2020. The alleged incident took place in off-campus housing and therefore the University Title IX policy did not apply, and the matter was investigated under the non-Title IX sexual misconduct policy. The process proved unusually lengthy and involved several procedural errors on the part of the University. Our firm helped navigate the complexities of the investigation and supported our client through an extremely stressful time. Following the issuance of the investigative report we assisted our client in writing and submitting a response to the report that analyzed all the relevant witness statements and submitted evidence. After the filing of our response, our client was found not responsible, the matter did not proceed to a hearing, and our client was able to graduate on time with no record of misconduct.
Small private university  

Accused male graduate found not responsible after completion of investigation and hearing

We were contacted by this recent graduate when he was notified that he was being accused of non-consensual sexual contact by a student from the institution where he had already graduated. This was the second allegation our client faced involving similar circumstances. Our office collected all the relevant evidence and supported our client through the investigative process, including the interviews and communications with the institution. Following the investigation our office thoroughly prepared our client to participate in the hearing by helping to write an opening statement, direct and cross examination questions, and an impact statement. Following a full hearing with multiple hearing officers our client was found not responsible. No appeal was filed by the complainant and because of the findings by the hearing officers our client has no record of any wrong-doing and no sanctions were issued.
Large public university  

Anguish of formal hearing averted for female complainant

Female student was sexually assaulted by former boyfriend. We became involved after our client was interviewed by school officials after she made a complaint. We worked closely with the school to craft an informal resolution that included a strict no contact order and other restrictions placed on our client’s alleged assailant, all of which would result in his suspension if he were to violate them.  This resolution permitted our client to feel safe and protected and did not require her to go through the anguish and stress of a formal hearing.
Midsize public university  

Witness to sexual violence protected from intimidation

We represented a female witness to a dating violence case on campus who was being pressured to speak with the police and the school investigators about a violent matter she had witnessed on her dorm floor. We immediately communicated on her behalf to the local police, school administrators, and the Title IX investigators to protect her right to choose to not testify and ensure her safety on campus. She was very relieved not to be pressured by the school, the title IX office or the police to attend the hearing and testify about fellow students.
Small private college

No charges filed in sexual assault claim

Our client’s dorm room was searched unannounced by campus police following sexual assault allegations against made him by a female student.  We became involved before any charges were brought by the school. We worked with our investigators and discovered and secured all relevant evidence and interviewed all witnesses regarding the event. We were able to get a statement from the female complainant in which she stated that she was not able to identify her assailant. The school chose to file charges against our client but quickly closed the investigation once the complainant’s statement was given to the school.
Large public university  

Female survivor of sexual assault embraces restorative justice model to resolve formal complaint

Our female client was the victim of a sexual assault when visiting a friend at a fellow ivy league institution. The incident involved large amounts of alcohol which rendered our client unable to give consent to sexual intercourse. The investigation was handled very poorly by the Respondent’s institution. Our firm assisted our client in understanding the policy and procedure and clarifying the points at which her rights had been violated in the processing of her complaint. We also assisted in compiling all the relevant evidence and secured an expert witness to testify about our client’s incapacitation and related inability to grant consent. We suggested to opposing counsel that the matter be resolved on an informal basis to prevent any further trauma to our client because of having to participate in official hearings. The respondent agreed to participate, and we negotiated a settlement agreement on behalf of our client which contributed significantly to her healing process.
Large private university  

Student charged with non-consensual sexual intercourse found not responsible

Our male client was charged with non-consensual sexual intercourse and intimate partner violence by a woman with whom he had a previous long-standing relationship. The case involved multiple incident dates over the course of a year. Our office collected all the necessary evidence including witness statements, texts messages and social media posts, and emails which were strategically organized to be presented in a way that demonstrated our client’s strong credibility and allowed for the accusations against him to be dismissed. We supported and guided our client through the hearing process during which he was found not responsible. When the Complainant appealed the final decision, we helped our client respond to the appeal and ultimately have the finding of no responsibility for both charges affirmed.
Small private university 

Student charged with sexual harassment and stalking found not responsible

Our male client was charged with stalking and sexual harassment by a male complainant based on a complicated set of events spanning the fall and spring semesters and was facing possible expulsion. The complainant also filed a complaint with the school’s police department. After the case was investigated and a report issued, our client participated in a two-day hearing before a three-person panel of school staff members. We accompanied our client to interviews and procedural meetings with the school and worked with the school to assist him in obtaining appropriate accommodations for his disabilities including helpful modifications to the hearing process. We prepared our client for, and accompanied him to, the subsequent two-day hearing in which he was required to make an opening and closing statement, answer questions by the panel, and question all the witnesses (including a police officer and the school Title IX coordinator). Duffy Law interviewed over ten separate witnesses in preparation for the hearing, and our client’s presentation of these witnesses at the hearing helped persuade the hearing panel that our client was not responsible for any of the four charges against him.
Small public college

Investigation of sexual assault complaint concludes with no charges filed through informal process

Our client contacted us immediately upon receiving notice from his school that a claim of sexual assault was made against him by a female student. We communicated with the institution and introduced the idea of an informal process to resolve the complaint. We assisted our client in preparing for meetings with University administrators and guided him in the nuances of the school’s informal vs. formal process. He came to understand the benefits of communicating with the complainant through a third party including the healing that could be achieved by both our client and the complainant. Our client entered a global resolution with the complainant that was both confidential and restorative. Our client returned to his education with no disciplinary record.
Mid-size private research university

Accused medical staff employee able to continue in promising career without interruption

While serving in a highly regarded position in a university teaching hospital, a professor contacted us when he was notified that he was being accused of exerting influence over another individual in the program to perform sexual acts. He was also accused of participating in non-consensual sexual contact. Our firm participated in all interviews with our client and assisted him in collecting all the relevant evidence necessary by invoking the services of our private investigator. The matter also involved overt acts of retaliation by the opposing party. We then assisted him in filing his own counter-complaint which contributed to the cessation of the retaliation. The school’s investigator found our client not responsible prior to the start of the formal hearing process and the matter was closed.
Large public university

Expulsion sanction for fraternity hazing reduced to non-prejudicial dismissal

We became involved at the appeal, when our client was appealing his school’s decision to expel him for hazing.  We assisted in drafting the appeal, using the school’s own language in their handbook and the applicable law, and prepared him for the appeal interview.  Our client’s expulsion was reduced to a dismissal, which meant that nothing would appear on his transcript, which was helpful with future educational and employment issues.
Mid-sized private university  

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