Title IX

Baylor Faces New Title IX Relating Sex Charges — Chicago and Evanston Title IX Lawyer

March 25, 2017 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

Although various people and organizations can put together estimates of the number of sexual assaults that take place in a given time frame, it is extremely difficult to come up with an accurate number. Because so many incidents go unreported, it is common for different sources to come up with wildly different estimates and it’s nearly impossible to tell whose estimates are more accurate.

According to a recent lawsuit filed against Baylor University, more than three dozen football players for the university committed at least 52 rapes in a four-year period.

These numbers are much higher than Baylor’s version of events, which currently recognizes 19 players involved in 17 reports of alleged physical attacks since 2011.

The most recent lawsuit, filed by a plaintiff whose name is only give as “Elizabeth Doe,” is just one of at least five such lawsuits filed against the university by women who were allegedly attacked and who claim the school did nothing to protect them or respond to their complaints. Continue reading ›

NPR Reports: “Coaches Defend University Of Tennessee Amid Sexual Assault Lawsuit”

March 8, 2016 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

NPR reports:

At the University of Tennessee Tuesday, 16 of the university’s head coaches held a rare joint press conference. They defended the university in the wake of a Title IX federal sexual assault lawsuit. ..

The press conference was a rare sight. All of the University of Tennessee’s head athletic coaches – including football, baseball, diving and soccer – sitting on a stage, telling reporters that UT is not such a bad place. Robert Patrick coaches women’s volleyball at the Southeastern Conference school.

Student Brings Title IX Lawsuit Against FSU for Allegedly Mishandling Rape Claims Against Star Quarterback

March 4, 2015 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

Because our reputations are so valuable, any accusation of wrongdoing can cause serious damage to a person’s career and social life. As a result, accusations should be handled delicately and this is especially true when it comes to rape.

When a college student is raped by a professor or fellow student, the college or university the student attends is required to react in accordance with the U.S. Department of Education’s Title IX. This ensures that both parties will be dealt with fairly, and that the identity of the accuser will be protected.

According to a recent lawsuit, Florida State University (FSU) failed to comply with Title IX when a student accused Jameis Winston, the quarterback of the University’s football team, of raping her. Winston is now reportedly leaving for the NFL.

The morning after the alleged rape, the accuser went to a local hospital where she was examined by authorities who obtained evidence for a rape kit. After that, the case was turned over to the Tallahassee Police Department (TPD). Continue reading ›

Lawyers Are Specializing in Assisting Students Accused of Sexual Assault on Campus

February 1, 2015 | Peter S. Lubin, Patrick Austermuehle and James V. DiTommaso

Statutes intended to protect one group of citizens can sometimes be applied to another group. Title IX, for example, is a federal statute that was designed to promote gender equality by protecting women. However, in one recent lawsuit against Columbia University, a male student is suing the university for discrimination under Title IX.

At issue is an evening in which the student had sex with a female freshman at the university. He says it was consensual. She says otherwise. The university suspended him for one year, an outcome that he claims was unjust.

He hired Andrew Miltenberg, a Manhattan attorney who has taken on the cases of the accused in numerous instances of alleged sexual assault. Despite the fact that representing the accused in such a situation is far from popular, Miltenberg insists that those accused are not always given access to the rights under the law. According to Miltenberg, as a defendant in one of these cases, “You got factual statements made that you’re not necessarily allowed to review and you’re certainly now allowed to have copies of. … You may or may not be able to present your witnesses. You probably don’t have the chance to cross-examine.”

There’s no doubt that this is a very delicate issue and remaining fair to all parties involved can be extremely difficult. After decades of women accusing colleges and universities of not being harsh enough on those who commit sexual assault, now there are groups saying they have gone too far in the other direction and have begun discriminating against men. Continue reading ›