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Eisner Gorin LLP
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Aggressive Criminal Defense in State & Federal Court
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Dmitry Gorin Rated Best Lawyers in United States Rated Best Lawyers in United States
Alan Eisner
Dmitry Gorin
Meryl Chambers






Representation in Title IX Investigations and Administrative Hearings

Title IX School Sexual Misconduct Defense Attorney

If you have followed the news in recent years, you have probably heard of a “Title IX hearing,” in the context of higher education. These cases of sexual and physical assault arising from Los Angeles universities, including UCLA and UC Irvine, and others throughout the State of California may result in rape (Penal Code Sections 220, 261 and 261.5), attempted rape (Penal Code Section 664/261), and other sex crime felonies being filed in criminal courtrooms (Penal Code Section 290). Young college students may have their lives derailed by unfounded and uncorroborated claims of sexual impropriety. Title IX is a federal law prohibiting sex-based discrimination in federally funded higher education institutions.  While elimination of bias and discrimination on the basis of sex is certainly a worthwhile goal, the investigation and enforcement aspect of Title IX, often conducted through specialized commissions and panels, has unfortunately offered students accused of misconduct little in the way of due process.  In recent years, many high profile instances of abuse of the Title IX process have been reported, in which accused students are subjected to a “kangaroo court,” scenario in which they are denied basic due process protections which would apply had the cases been brought in a formal court setting.  These protections include the right to cross-examine the accuser, the right to legal counsel, and the right to discovery. The federal government has listed on its website examples of its recent decisions, laws, case example and other legal work in the area of violations. See: U.S Department of Education Title IX.

 

How Does a Title IX Proceeding Get Started?

Title IX proceedings may be initiated whenever the school’s administrative officers receive a report of sex-based discrimination by one student against another, or by faculty against a student.  In many instances, these complaints consist of allegations of sexual misconduct, which could be sexual harassment, sexually inappropriate comments, or even outright sexual assault which would constitute a criminal allegation.  Accordingly, Title IX proceedings will oftentimes present a cross-over issue: the student or faculty member’s standing with the school may be in jeopardy but the accused may also potentially be subject to criminal liability in State court.  Both sets of sanctions are severe.  If found guilty by the Title IX administrative commission, a student may face expulsion, a faculty member could face dismissal, and the matter may be reported to the local police department for criminal investigation.  At the same time, depending on the nature of the allegations, the accused could potentially face time in State prison should the accusation be brought to the attention of the Los Angeles Office of the District Attorney. The possible charges are very serious, and carry the possibility of lifetime sex crime registration under California Penal Code Section 290.

 

As mentioned above, the due process protections applicable to Title IX hearings on campus are significantly weaker than those that attain in formal State court proceedings.  This does not, however, mean that an accused student or faculty member must go it alone.  Title IX regulations require that, at a minimum, the accused be afforded the opportunity to be represented by an advocate in the proceedings.  Effective advocacy on behalf of the accused is key, particularly in the less formal setting of an administrative hearing, which has a lower standard of proof than in criminal court. A Los Angeles Criminal Defense Attorney from Eisner Gorin can intervene immediately to start preparing a defense that will result in both a successful Title IX hearing, as well as causing criminal charges to be dropped before court.

 

You Need Experienced Legal Representation

With your, or your loved one’s, future on the line, including career, education, reputation, and liberty, it is critical to intervene as soon as possible.  Our experienced criminal defense attorneys will investigate the alleged conduct, conduct witness interviews, attempt to negotiate informally with the school and/or the accuser, and represent you at the actual Title IX hearing.  The goal of our representation is to minimize any potential consequences to keep our client’s record as clean as possible.  Once again, while Title IX hearings are not criminal proceedings, the consequences of a negative outcome can haunt an individual for years to come.  Aggressive and effective advocacy are a must in these high-stakes proceedings.

 

In the current social and political climate, especially with the effect of #metoo, Title IX offices at large and small colleges and universities alike are devoting significant effort to prosecuting alleged violations.  The allegations which form the basis for the Title IX investigation can range from minor instances of sexual harassment, to stalking and intimidation, all the way through date rape or forcible rape.  

 

Investigation into these sex-related offenses requires significant time and resources with an eye towards assessing the credibility of the involved parties.  This can include searching social media for contemporaneous postings by the accuser, the accused, or third parties with knowledge of the events.  Private investigation into the allegations is key to undermine a false accusation.  If the Title IX administrators are presented only with the accuser’s version of events, a negative outcome is likely.  Presenting a plausible alternative theory of the case is an essential element of effective advocacy which is as important in this administrative setting as in a criminal courtroom.

 

How Eisner Gorin LLP Can Help You

Advocacy on your behalf should begin as soon as you suspect that a complaint has been filed.  While it is never too late to begin asserting our client’s rights, the best outcomes are achieved when experienced attorneys begin working the case during the investigative stage, well before the formal disciplinary hearing is held.  During the investigative stage, your attorney will have the opportunity to develop the case in consultation with you and your loved ones.  Any statements you provide to Title IX investigators can be prepared in consultation with your attorney to ensure that they are accurate, clear, and persuasive.  A common misconception is that simply knowing you are innocent is enough to establish that innocence in a contested proceeding.  While the truth may eventually become known, a poor presentation of the facts may result in significant consequences in the meantime which could have been avoided by presenting the best possible defense in the first instance.

 

Representation is particularly important in Title IX cases as the administrative burden of proof is significantly lower than that in a criminal court.  Many people are familiar with the “beyond a reasonable doubt” standard that applies to criminal trials.  This is the highest standard of proof in the law, and serves to safeguard the rights of innocent defendants who are accused of crimes.  Conversely, the standard of proof in a Title IX administrative hearing is typically a “preponderance of the evidence.”  Roughly translated, this means that the panel or tribunal must only find that the accusations are more likely than not true, a significantly lower burden.  A 2016 study by John Villasenor in the journal Law, Probability, and Risk titled “A probabilistic framework for modeling false Title IX ‘convictions’ under the preponderance of the evidence standard,” found that a truly innocent individual subjected to a Title IX proceeding has a quantifiably higher chance of being wrongfully found guilty than a similarly situated defendant in a criminal trial.

 

At Eisner Gorin LLP, our attorneys have over 50 years’ combined experience representing criminal defendants in California State courts and in federal criminal cases around the country. We specialize in sex crime investigations and have causes numerous cases to be dropped before court arraignment, even when the client was arrested by the police for rape or molestation. 

 

Certified Specialists in Criminal Law

In the Title IX arena, we bring the same level of aggressive advocacy and attention to detail that characterizes our work in criminal cases.  Our goal is always to achieve the best possible outcome for our clients.  Firm partners Alan Eisner and Dmitry Gorin are both state-certified specialists in criminal law, and will pursue all available avenues to vindicate you in your Title IX case.  Whether you are a student, a parent, or a faculty member who has become involved in a Title IX investigation of disciplinary proceeding, we invite you to speak with one of our experienced attorneys today to begin preparing your defense.  Time is of the essence in these important proceedings, which is why we are always available to immediately begin protecting our clients’ rights. Do not do it alone. Speaking to the police or college investigators, without your right to have a lawyer present, may lead to a poor outcome. Our firm’s goal is to dismiss the claims made against our clients, and keep their records clean, so their future is not stained by their alleged conduct in school. Contact our law firm at 877-781-1580.

 

Eisner Gorin Title IX defense lawyers are able to immediately consult and defend cases in all California college and universities listed below:

 

Allan Hancock College - Santa Maria, California
American Academy of Dramatic Arts - Los Angeles Los Angeles, California
American Conservatory Theater - San Francisco, California
American Jewish University - Los Angeles, California
American River College - Sacramento, California
American University of Health Sciences - Signal Hill, California
Antelope Valley College - Lancaster, California
Art Center College of Design - Pasadena, California
Azusa Pacific Online University - Glendora, California
Azusa Pacific University - Azusa, California
Bakersfield College - Bakersfield, California
Barstow Community College - Barstow, California
Berkeley City College - Berkeley, California
Bethesda University of California - Anaheim, California
Biola University - La Mirada, California
Bryan University - Los Angeles, California
Butte College - Oroville, California
Cabrillo College - Aptos, California
California Baptist University - Riverside, California
California Christian College - Fresno, California
California College of the Arts - Oakland, California
California College San Diego - San Diego, California
California Institute of Technology - Pasadena, California
California Institute of the Arts - Valencia, California
California Lutheran University - Thousand Oaks, California
California Maritime Academy - Vallejo, California
California Polytechnic State University San Luis Obispo -  San Luis Obispo, California
California State Polytechnic University - Pomona Pomona, California
California State University Bakersfield - Bakersfield, California
California State University Channel Islands - Camarillo, California
California State University - Chico Chico, California
California State University Dominguez Hills - Carson, California
California State University East Bay - Hayward, California
California State University Fresno - Fresno, California
California State University Fullerton-  Fullerton, California
California State University Long Beach - Long Beach, California
California State University Los Angeles - Los Angeles, California
California State University Monterey Bay - Seaside, California
California State University Northridge - Northridge, California
California State University Sacramento - Sacramento, California
California State University San Bernardino - San Bernardino, California
California State University San Marcos - San Marcos, California
California State University Stanislaus - Turlock, California
Canada College - Redwood City, California
Cerritos College - Norwalk, California
Cerro Coso Community College - Ridgecrest, California
Chabot College - Hayward, California
Chaffey College - Rancho Cucamonga, California
Chapman University - Orange, California
Charles R Drew University of Medicine and Science - Los Angeles, California
Citrus College - Glendora, California
City College of San Francisco - San Francisco, California
Claremont McKenna College - Claremont, California
Coastline Community College - Fountain Valley, California
Cogswell College - Sunnyvale, California
Coleman University - San Diego, California
College of Alameda - Alameda, California
College of Marin - Kentfield, California
College of San Mateo - San Mateo, California
College of the Canyons - Santa Clarita, California
College of the Desert - Palm Desert, California
College of the Redwoods - Eureka, California
College of the Sequoias - Visalia, California
College of the Siskiyous - Weed, California
Columbia College - Sonora, California
Columbia College Hollywood - Tarzana, California
Community Christian College - Redlands, California
Concordia University Irvine - Irvine, California
Contra Costa College - San Pablo, California
Copper Mountain Community College - Joshua Tree, California
Cosumnes River College - Sacramento, California
Crafton Hills College - Yucaipa, California
Cuesta College - San Luis Obispo, California
Cuyamaca College - El Cajon, California
Cypress College - Cypress, California
De Anza College - Cupertino, California
Dell'Arte International School of Physical Theatre - Blue Lake, California
Design Institute of San Diego - San Diego, California
DeVry University California - Pomona, California
Diablo Valley College - Pleasant Hill, California
Dominican University of California - San Rafael, California
East Los Angeles College - Monterey Park, California
East San Gabriel Valley Regional Occupational Program - West Covina, California
El Camino College Compton Center - Compton, California
El Camino Community College District - Torrance, California
Epic Bible College - Sacramento, California
Evergreen Valley College - San Jose, California
Expression College for Digital Arts - Emeryville, California
Fashion Careers College - San Diego, California
Feather River Community College District - Quincy, California
FIDM/Fashion Institute of Design & Merchandising Los Angeles - Los Angeles, California
FIDM/Fashion Institute of Design & Merchandising Orange County - Irvine, California
FIDM/Fashion Institute of Design & Merchandising San Diego - San Diego, California
FIDM/Fashion Institute of Design & Merchandising San Francisco - San Francisco, California
Folsom Lake College - Folsom, California
Foothill College - Los Altos Hills, California
Fresno City College - Fresno, California
Fresno Pacific University - Fresno, California
Fullerton College - Fullerton, California
Gavilan College - Gilroy, California
Glendale Community College - Glendale, California
Golden West College - Huntington Beach, California
Golf Academy of America - Carlsbad Carlsbad, California
Grossmont College- El Cajon, California
Hands on Medical Massage School - Redlands, California
Hartnell College - Salinas, California
Harvey Mudd College - Claremont, California
Holy Names University - Oakland, California
Hope International University - Fullerton, California
Horizon College San Diego - San Diego, California
Humboldt State University - Arcata, California
Humphreys College Stockton and Modesto Campuses - Stockton, California
Imperial Valley College - Imperial, California
International Professional School of Bodywork - San Diego, California
Irvine Valley College - Irvine, California
John Paul the Great Catholic University - San Diego, California
King's University - Van Nuys, California
La Sierra University - Riverside, California
Laguna College of Art and Design - Laguna Beach, California
Lake Tahoe Community College - South Lake Tahoe, California
Laney College - Oakland, California
Las Positas College - Livermore, California
Lassen Community College - Susanville, California
Life Pacific College - San Dimas, California
Lincoln University - Oakland, California
Long Beach City College - Long Beach, California
Los Angeles City College - Los Angeles, California
Los Angeles College of Music - Pasadena, California
Los Angeles Harbor College - Wilmington, California
Los Angeles Mission College - Sylmar, California
Los Angeles Pierce College - Woodland Hills, California
Los Angeles Southwest College - Los Angeles, California
Los Angeles Trade Technical College - Los Angeles, California
Los Angeles Valley College - Valley Glen, California
Los Medanos College - Pittsburg, California
Loyola Marymount University - Los Angeles, California
Marymount College Rancho - Palos Verdes, California
Mendocino College - Ukiah, California
Menlo College - Atherton, California
Merced College - Merced, California
Merritt College - Oakland, California
Mills College - Oakland, California
MiraCosta College - Oceanside, California
Mission College - Santa Clara, California
Modesto Junior College - Modesto, California
Monterey Peninsula College - Monterey, California
Moorpark College - Moorpark, California
Moreno Valley College - Moreno Valley, California
Mount St. Mary's College - Los Angeles, California
Mt Sierra College - Monrovia, California
Mt. San Antonio College Walnut, California
Mt. San Jacinto Community College District - San Jacinto, California
Musicians Institute - Hollywood, California
Napa Valley College - Napa, California
National University - La Jolla, California
Newschool of Architecture and Design - San Diego, California
Norco College - Norco, California
Notre Dame de Namur University - Belmont, California
Occidental College - Los Angeles, California
Ohlone Community College - Fremont, California
Orange Coast College - Costa Mesa, California
Otis College of Art and Design - Los Angeles, California
Oxnard College - Oxnard, California
Pacific College of Oriental Medicine LLC San Diego - San Diego, California
Pacific States University - Los Angeles, California
Pacific Union College - Angwin, California
Palo Verde College - Blythe, California
Palomar College - San Marcos, California
Pasadena City College - Pasadena, California
Patten University - Oakland, California
Pepperdine University - Malibu, California
Pitzer College - Claremont, California
Platt College - Los Angeles Alhambra, California
Platt College Ontario - Ontario, California
Platt College San Diego - San Diego, California
Point Loma Nazarene University - San Diego, California
Pomona College - Claremont, California
Porterville College - Porterville, California
Professional Golfers Career College Temecula, California
Providence Christian College - Pasadena, California
Reedley College - Reedley, California
Rio Hondo College - Whittier, California
Riverside City College - Riverside, California
Sacramento City College - Sacramento, California
Saddleback College - Mission Viejo, California
Sage College - Moreno Valley, California
Saint Marys College of California - Moraga, California
San Diego Christian College - El Cajon, California
San Diego City College - San Diego, California
San Diego Mesa College - San Diego, California
San Diego Miramar College - San Diego, California
San Diego State University - San Diego, California
San Diego State University Imperial Valley Campus - Calexico, California
San Francisco Art Institute - San Francisco, California
San Francisco Conservatory of Music - San Francisco, California
San Francisco State University - San Francisco, California
San Joaquin Delta College - Stockton, California
San Joaquin Valley College Bakersfield - Bakersfield, California
San Joaquin Valley College Fresno - Fresno, California
San Joaquin Valley College Fresno Aviation - Fresno, California
San Joaquin Valley College Hesperia - Hesperia, California
San Joaquin Valley College Modesto - Salida, California
San Joaquin Valley College Online - Visalia, California
San Joaquin Valley College Rancho Cordova - Rancho Cordova, California
San Joaquin Valley College Rancho Cucamonga - Rancho Cucamonga, California
San Joaquin Valley College Temecula - Temecula, California
San Joaquin Valley College Visalia - Visalia, California
San Jose City College - San Jose, California
San Jose State University - San Jose, California
Santa Ana College - Santa Ana, California
Santa Barbara Business College Bakersfield - Bakersfield, California
Santa Barbara Business College Santa Maria - Santa Maria, California
Santa Barbara Business College Ventura - Ventura, California
Santa Barbara City College - Santa Barbara, California
Santa Clara University - Santa Clara, California
Santa Monica College - Santa Monica, California
Santa Rosa Junior College - Santa Rosa, California
Santiago Canyon College - Orange, California
Scripps College - Claremont, California
Shasta Bible College and Graduate School - Redding, California
Shasta College - Redding, California
Sierra College - Rocklin, California
Simpson University - Redding, California
Skyline College - San Bruno, California
Soka University of America - Aliso Viejo, California
Solano Community College - Fairfield, California
Sonoma State University - Rohnert Park, California
Southern California Institute of Architecture - Los Angeles, California
Southern California Institute of Technology - Anaheim, California
Southern California Seminary - El Cajon, California
Southwestern College - Chula Vista, California
Stanford University - Stanford, California
SUM Bible College and Theological Seminary - Oakland, California
Taft College - Taft, California
Taft University System - Santa Ana, California
The Master's College and Seminary - Santa Clarita, California
The National Hispanic University - San Jose, California
Thomas Aquinas College - Santa Paula, California
Touro College Los Angeles - Los Angeles, California
Trident University International - Cypress, California
University of California Berkeley - Berkeley, California
University of California Davis - Davis, California
University of California Irvine - Irvine, California
University of California Los Angeles - Los Angeles, California
University of California Merced - Merced, California
University of California Riverside - Riverside, California
University of California San Diego - La Jolla, California
University of California Santa Barbara - Santa Barbara, California
University of California Santa Cruz - Santa Cruz, California
University of La Verne - La Verne, California
University of Phoenix Bay Area Campus - San Jose, California
University of Phoenix Central Valley Campus - Fresno, California
University of Phoenix Sacramento Valley Campus - Sacramento, California
University of Phoenix San Diego Campus - San Diego, California
University of Phoenix Southern California Campus Costa Mesa, California
University of Redlands - Redlands, California
University of San Diego - San Diego, California
University of San Francisco - San Francisco, California
University of Southern California - Los Angeles, California
University of the Pacific - Stockton, California
University of the West - Rosemead, California
Vanguard University of Southern California - Costa Mesa, California
Ventura College - Ventura, California
Victor Valley College Victorville, California
West Coast Ultrasound Institute - Beverly Hills, California
West Coast University Los Angeles - North Hollywood, California
West Coast University Ontario -  Ontario, California
West Coast University Orange County Anaheim, California
West Hills College Coalinga - Coalinga, California
West Hills College Lemoore - Lemoore, California
West Los Angeles College - Culver City, California
West Valley College - Saratoga, California
Westmont College - Santa Barbara, California
Whittier College - Whittier, California
William Jessup University - Rocklin, California
Woodbury University - Burbank, California
Woodland Community College - Woodland, California
World Mission University - Los Angeles, California
Yeshiva Ohr Elchonon Chabad West Coast Talmudical Seminary - Los Angeles, California
Yuba College - Marysville, California