An allegation of sexual assault, harassment or other sexual misconduct (such as date rape or non-consensual touching) on a college campus is very often investigated, prosecuted and adjudicated by the school itself and not through a criminal proceeding involving local law enforcement.
When a formal complaint alleging sexual misconduct is filed with a college by one student against another student, the federal law known as Title IX currently requires the school to conduct a proceeding to determine whether the incident occurred and what punishment should be imposed.
Michael J. Diamondstein, PC defends students facing sexual misconduct charges in campus Title IX proceedings.
We have represented students in Title IX campus discipline hearings at numerous colleges and universities, including:
Title IX is a federal civil rights law that prohibits gender discrimination at any school that receives funding from the US government. That includes virtually every college and university in the country.
Title IX grants broad powers to schools to investigate and adjudicate student sexual misconduct claims. In almost all of these cases, the student filing the formal complaint (the complainant) is female, and the defendant student (respondent) is male.
An on-campus Title IX proceeding is not a criminal case involving the government but the procedures are similar to a criminal prosecution and the punishments can be serious. Most colleges will respond to a sexual misconduct complaint by:
If a respondent student is found responsible for sexual misconduct, the sanctions can be severe. Colleges can impose a variety of punishments, including:
THESE SANCTIONS CAN PERMANENTLY AFFECT THE STUDENT’S EDUCATION AND CAREER PROSPECTS. With a guilty verdict in a Title IX proceeding on the student’s permanent record, he could be:
RECENT WIN: In re XX, Title IX Hearing, (Local Philadelphia College) XX, a local college student and Division I athlete was accused of sexual assault, rape, and sodomy by a fellow college student. The complainant claimed that XX forced her to perform oral sex and then vaginally and anally raped her. The complainant claimed XX threatened her and choked her. In the patently unfair world of Title IX litigation, such an allegation is normally a career-ender. XX was suspended from campus, faced expulsion from school, and would suffer the permanent stain of the action on his record. In the unjust world of Title IX hearings, the odds are thoroughly stacked against male respondents. But a loss would mean that XX’s ability to receive a college degree – and enjoy a career in his chosen field – would be a near impossibility. We didn’t let the odds or unfairness of the school’s procedures deter our efforts. We engaged in exhaustive investigation and preparation. After a full hearing, XX was found not responsible and reinstated with full school privileges.
RECENT WIN: In re AD, AD, a Temple Student, was cited by the school’s internal disciplinary process with possessing alcohol and related charges for a bottle found in his dorm room. After a hearing, AD was acquitted of the conduct.
THESE CASES ARE COMPLICATED. They often turn on he-said/she-said versions of the events. In many cases, alcohol and/or drugs may be involved. The students’ memories can be unclear and the consent to sexual contact can be ambiguous. In a very high percentage of campus sexual allegations, law enforcement and an ongoing criminal investigation or prosecution may also be involved. Furthermore, because many schools don’t provide the accused with proper due process protections, it is imperative that a record be created to challenge any potential negative findings in federal court.
Michael J. Diamondstein will:
DON’T DELAY RETAINING A DEFENSE LAWYER. Title IX cases often proceed more quickly than normal criminal cases with less time to prepare for interviews and hearings. You have a better chance of a favorable result if a defense lawyer is involved early in the process.
If your college student is facing charges in a campus Title IX case, call Michael J. Diamondstein, P.C. at 215-940-2700 or submit our contact form.
See what the local and national media are saying about Michael Diamondstein and his cases.
Baltimore Ravens running back Ray Rice will be allowed to enter a program to avoid prosecution in an alleged assault of his now-wife. Upon successful completion of the program — which will be a minimum of one year — the third-degree charge of aggravated assault causing serious bodily injury would be dismissed. The arrest would remain on his record, but with no conviction.We were concerned that Mr. Rice would be treated more harshly because of his celebrity status. We are thankful that he was not. We are thankful that he was given the same treatment as anyone else in a similar situation.
- Michael J. Diamondstein
John Gallagher, founder of Gallagher Law in Philadelphia, has been indicted in federal court alongside other executives associated with aerospace startup Theia Group Inc. The indictment alleges involvement in a scheme where Theia falsely claimed plans to launch over 100 satellites for global surveillance, raising more than $250 million through fraudulent means. Gallagher, who served on Theia's board and as an executive vice president, is specifically accused of aiding founder Erlend Olson in financial misconduct and tax evasion activities. Gallagher, who specializes in space and satellite technology law, denies wrongdoing and intends to vigorously defend against these charges.“He [Gallagher] is a patriot, and we intend to vigorously defend his good name.”
- Michael Diamondstein
DT had spent three years in jail and was facing lifetimes more for multiple counts of child rape in Pennsylvania and Maryland. But Michael Diamondstein’s thorough investigation and strategic cross-examination forced prosecutors to withdraw their case mid-jury trial.“Michael Diamondstein is the best lawyer on Earth. He saved my life.”
- DT
Mark Young had been serving a life sentence for what prosecutors say was his role as a coconspirator in a 1974 bar robbery that ended in the shooting death of a patron. The 67-year-old Young, who maintained his innocence for almost 50 years, is now slated to be released from prison after a negotiated guilty plea. The judge vacated Young’s previous conviction and sentence.“The district attorney recognized the inequities in the case and we are thankful for the compassion and justice they decided was appropriate.”
- Michael Diamondstein
Willie Stokes's release comes after the U.S. District Court for the Eastern District of Pennsylvania vacated his murder conviction, concluding that the state violated Stokes's constitutional rights by "withholding" crucial evidence about the false testimony of a key witness in the case, according to court documents.He took his first free breaths this afternoon after almost 40 years, and he is very happy and humbled.
- Michael J. Diamondstein
Despite that fact that multiple videos showed local rap singer, Monte Small Atwell aka Benjy killing the decedent, a Philadelphia jury found Mr. Atwell Not Guilty of Murder. The video clearly showed that the unarmed decedent was chasing Mr. Atwell. Mr. Atwell’s attorney, Michael Diamondstein litigated a very effective self-defense case. After a number of withering cross examinations and a closing wherein Mr. Diamondstein exhorted the jurors that his client “would rather be judged by 12 than carried by 6” the jury agreed that Mr. Atwell’s actions were justified.Mr. Diamondstein saved my life. He is the best there is.
- Monte Small Atwell aka Benjy
Six members of an elite Philadelphia narcotics squad were acquitted of federal corruption charges – a verdict the men described as “vindication” after nearly a decade of federal scrutiny surrounding their conduct. A jury of six men and six women took 5 1/2 days to reject prosecutors’ arguments that former Officers Thomas Liciardello, Brian Reynolds, Michael Spicer, Perry Betts, Linwood Norman, and John Speiser routinely beat and robbed drug suspects during their time as members of the Narcotics Field Unit.The things that were said about these honorable men and police officers over the last eight to 10 months were ridiculous. A lot of people in this city owe these heroes an apology.
- Michael J. Diamondstein
Philadelphia District Attorney Seth Williams pleaded not guilty to 23 counts of fraud, extortion, and bribery-related charges. But the problems of the city’s cash-strapped top prosecutor continued to mount outside the courtroom, a day after federal authorities accused him of repeatedly selling his influence to wealthy benefactors willing to bankroll his luxury tastes.This indictment is 24 hours old and yet too many politicians and commentators have already tried and convicted Seth Williams in the media. Simply because the government makes explosive allegations in a complaint doesn’t mean they’re going to prove it in a court of law.
- Michael J. Diamondstein
It's 8:00 on a September morning but Michael Diamonstein has already been in his office for hours. A criminal defense lawyer, Diamondstein likes to be prepared before he goes to court. That preparation paid off to get an innocent man cleared of all charges.The man gave me my life back.
- Yusef Bey
With evidence missing and the investigation tainted by the involvement of a detective who pleaded guilty to impeding justice, the District Attorney’s Office has withdrawn murder charges against a 28-year-old man, Dante Hill, in a 2011 shooting outside a North Philadelphia sports bar.Tremendous day, not only for Mr. Hill but for the entire Philadelphia justice system.
- Michael J. Diamondstein
Michael Diamondstein argued the original jail sentence is illegal because the previous judge assigned the case failed to address if Risoldi was eligible for re-entry, which would allow her to be released from jail early.Diamondstein added that Berks County Senior Judge Stephen Lieberman, who is now overseeing the case, has authority to reconsider the sentence made by the previous judge, who retired last year.
