Case Results

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

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

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  

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  

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  

Investigation of sexual assault complaint concludes with no charges filed

Our client contacted us immediately upon receiving notice by his school that a claim of sexual assault was made against him by a female student.  We assisted him in preparing his detailed answer to the complaint, and then prepared him and accompanied him to his interview with the campus safety police officers.   We worked with the school Title IX administrators and helped our client find evidence to show inconsistencies with the complaint. The complainant withdrew her complaint when presented with these inconsistencies and then recanted.   The investigation ended and our client was not charged with anything.

Midsized private college

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