New York Criminal Lawyer Blog
In a world so fixated on labeling victims and victimizers in just about every circumstance to predetermine who is worthy of the presumption of innocence and empathy, far too many have neither the interest nor energy to objectively analyze facts or, for that matter, simply wait for the evidence before reaching an informed, honest conclusion. This is the battle that Title IX lawyers and criminal defense attorneys face with frustrating regularity. Frighteningly, in the college and university disciplinary setting, our clients accused of wrongdoing often face administrators and, when in the public domain, their classmates, friends, and people both online and off, who knowingly or unintentionally substitute thoughtfulness and critical thinking with their own bias. They do so wholly indifferent to whether or not they possess the necessary information or how their actions and decisions may inflict life altering consequences on an accused who may later be exonerated. Sadly, it is easy to predetermine guilt due to the nature of an allegation when it is not you or a loved one because, after all, nobody has ever (ever!) lied or made-up horrendous accusations based on anger, regret, jealousy, or some other nefarious reason. But I digress…
Regardless of the allegation, what matters most in these Title IX situations is that the wrongly accused is afforded at least a modicum of due process and their adjudicators set aside self-interest for the school with respect for the rule of law. While it shocks no one that self-promoters online are driven by clicks and a feeling of self-import, colleges and universities are held to a far higher standard, or at least they should be. All students should have confidence that their school actually practices the honesty and fairness they preach. Sadly, that is often not the case.
Accountability Demanded and Secured
With this reality in mind, Saland Law is beyond pleased to share that only weeks ago, a well-respected college that wrongfully found our client in violation of a sexual assault provision of Title IX, licked its wounds and withdrew and substituted the finding. Consequently, Saland Law, along with co-counsel, agreed to cease and withdraw all litigation against the school.
Though a mere pittance in terms of the financial and emotional capital our client and his family expended in defending against false claims in the face of a demonstrably incompetent and prejudicial process, the college also agreed to pay a portion of his attorney’s fees.
A Litany of Institutional Missteps
Without discussing the allegations and evidence—or, better stated, the lack of evidence and evidence the parties all confirmed corroborated no violation occurred—the college made one head-scratching misstep against our client after the next. Some of these included:
- Weaponizing Right to Counsel: Though successfully appealed by Saland Law, the college initially found our client responsible for violating the college’s no-contact order due to my communications with then pro-se complainant in an Article 8 order of protection proceeding in New York Family Court. Whether born from arrogance or ignorance, the college attempted to weaponize a student’s fundamental right to legal counsel in a real court case, not a matter governed by consultants and nominally trained faculty members serving as fact-finders that embraces hearsay and limits cross-examination. In doing so, the school penalized a respondent because his attorney engaged in necessary, lawful communications within a separate, legitimate state court action. With factual and legal pushback and challenges from Saland Law on appeal, the school reversed itself, recognizing they lacked the authority to dictate what an attorney can do in a legal proceeding. Oh, lest I forget, the young woman and the counsel she later retained withdrew the petition presumably recognizing misrepresenting to a court has real consequences as opposed to doing so at a college which often has none (read on for more on this).
- Withholding Exculpatory Evidence: After the complainant reported that our client violated the no-contact order a second time, the college determined that the complainant lied. In fact, she intentionally violated the order and made a false report. Despite this truth, the school commenced no formal investigation as required, intentionally withheld this from us, and took no action against the complainant. Yes, you read that correctly. But for a third party informing our client weeks later, we would have never learned of the lie or the college’s inaction. Only after we demanded that the school investigate the complainant and follow the same formal process they would have undoubtedly subjected our client to, did the school conduct an investigation. Though they made excuses as to why we were never advised and why they did not conduct an investigation, the college was forced to exact a modicum of justice and found the young woman responsible. Of course, she was not suspended and allowed to remain in school.
- Injecting Unlawful Bias: Over our objections, the college allowed our client’s ethnic background and politics into the final investigative report. The adjudicators had access to this report and irrelevant non-evidence in determining responsibility for the same sexual assault that was later withdrawn and modified.
Intellectual and Ethical Dishonesty
While we might expect the online mob to villainize our client if the matter ever played out in the public forum, we expect both intellectual and ethical honesty from colleges that purport to keep all young people safe and have the privilege to nourish their dreams and aspirations. What we do not expect is contempt for the rule of law. While failing to follow its own process, unapologetically withholding evidence directly relevant to the complainant’s actions and credibility and allowing irrelevant non-evidence into the proceeding that unquestionably violated the law, the college ran roughshod over our client’s rights. That is, of course, until the receipts were added up and it came time for them to pay the bill because our client would not capitulate.
Again, Saland Law is grateful that we could put this horrendous experience behind our client, but it does not change the fact that the college stole what should have been some of the best years of his life. From a school that was complicit in his abuse and an arrest of our client on false allegations before the local District Attorney’s Office declined to prosecute him, to a yarn of an Article 8 Family Court petition for an order of protection the complainant ultimately withdrew with her own counsel, our client deserved none of it. Period. Because deserve ain’t got nuthin’ to do with it, the college unfortunately served him years of mental anguish, prioritizing self-interest before him and due process. Sure, while our client received a different kind of education and one he could have undoubtedly passed on, he did learn an invaluable, even if unwanted, lesson that no professor could have taught: Fighting for your rights is never easy, but always right. This could not be more true when those who have the levers of power play by their own rules, not the rule of law. Even though it was demonstrably untrue and our client was wrongfully labeled as an abuser by a jaded and vengeful ex with whom his school was complicit, we had the receipts and the school was going to pay the bill one way or another…and they did just that.
A Step Towards Justice and Closure
Justice? Maybe not complete, but an imperfect win that will hopefully bring our client a sense of closure and a result that will not adversely impact his future, good name, and career. Equally important, the outcome will teach colleges, universities and the public that prejudgment, convenience, and bias have no home in any proceeding where the rule of law is paramount. Before branding a person in perpetuity with far worse than a scarlet letter, fairness demands that we wait for the facts and objectively analyze that evidence free from bias and self-interest. Either schools do that on their own, or Saland Law will ensure it happens for our client through the proper legal channels.
Saland Law is a New York criminal defense firm and serves as Title IX advisors in disciplinary and misconduct proceedings at colleges and universities across the United States. To learn more about Title IX and related proceedings, review the links found here or at TitleIX-Lawyer.Com.