Education & Student Defense

Education & Student Defense Overview

McCarthy Lebit’s Education & Student Defense lawyers advocate for students of all ages and their families facing various challenges at school. We represent students at the beginning of their education in preschool through the end of the education career. In fact, we handle matters for postgraduate students including law students, dental, nursing and medical students, as well as residents and others in post-doctoral programs.

Our attorneys take a compassionate approach to helping our clients resolve their problems. We understand the complexity and sensitivity needed to help our clients who are suddenly faced with emotionally-charged and difficult situations.  Because our attorneys are familiar with the intricacies of dealing with school systems and school administrations, they are able to successfully navigate the protocols and bureaucracy of education law cases.

Protecting students is an important concern of educational institutions, and we can expect continuing scrutiny and regulations in matters of Title IX and student safety. We have worked with educational institutions in multiple capacities when they are faced with claims of sexual misconduct or assault. Our attorneys have the experience, dedication and sensitivity to assist colleges and universities in achieving each institution’s particular safety and legal compliance goals.

We rely on the depth of our firm and when necessary, pulling in lawyers from other practice areas, such as Criminal Defense, to build a stronger team and better meet our clients’ needs.

Capabilities

News & Publications

News & Publications Youngstown State Student Convicted of Rape Can Play...

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News & Publications Transition planning for children with special needs

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News & Publications Restorative Justice offers a fresh perspective for conflict...

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Blogs

Blogs Why You Should Rethink Your Consent on Your...

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Blogs Power Differentials: Why an (Outside) Title IX Advisor...

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Blogs Shifting Sands: A New Day for the Accused...

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Blogs Potential Tax Benefits Associated with the Tuition for...

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Blogs Liberty, Fraternity, Liability: An Assessment of Fraternity Liability...

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Experience

Successfully represented college student facing criminal and Title IX investigations

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Successfully represented college student facing criminal and Title IX investigations

Successfully represented college student facing criminal and Title IX investigations.  Investigated the claims and presented evidence to law enforcement that was ultimately relied upon to close the criminal investigation. Subsequently filed a federal lawsuit alleging gender bias in the forms of deliberate indifference and selective enforcement and concluded a Title IX investigation.

Title IX Administrative Hearing & Rape Prosecution

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Title IX Administrative Hearing & Rape Prosecution

Successfully represented college student accused of sexual assault in Title IX proceedings. Obtained evidence, interviewed witnesses, crafted witness examinations, and prepared student for the Title IX hearing before the college’s adjudication panel. After the client was found “Not Responsible” at the Title IX hearing, the client faced prosecution for Rape and Sexual Battery. Following extensive pretrial briefing, the case was dismissed.

Read the client testimonial here.

  • Title IX Sexual Assault Testimonial

    Thanks for conferencing me in on today’s call about the disposition of my son’s Title IX sexual assault case. While I never doubted my son’s innocence, I am keenly aware that the current campus climate venerates victims and assumes the guilt of the accused. I have no doubt that your diligent investigative work and vigorous advocacy played a major role in dismissing the charges prior to the hearing stage. I’m just not sure we would have been successful without you. I am also extremely grateful for the emotional support you provided to my son over these past few months. I don’t think he could have made it through the semester without you taking some of the burden off of his shoulders. Any family whose son is facing a Title IX allegation should hire a lawyer, and the lawyer they hire should be you. We are forever in your debt.

TRO for College Athlete

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TRO for College Athlete

Obtained temporary restraining order for college athlete who was barred from playing football for a season due to a prior conviction.

Title IX Sexual Assault Testimonial

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Title IX Sexual Assault Testimonial

Thanks for conferencing me in on today’s call about the disposition of my son’s Title IX sexual assault case. While I never doubted my son’s innocence, I am keenly aware that the current campus climate venerates victims and assumes the guilt of the accused. I have no doubt that your diligent investigative work and vigorous advocacy played a major role in dismissing the charges prior to the hearing stage. I’m just not sure we would have been successful without you. I am also extremely grateful for the emotional support you provided to my son over these past few months. I don’t think he could have made it through the semester without you taking some of the burden off of his shoulders. Any family whose son is facing a Title IX allegation should hire a lawyer, and the lawyer they hire should be you. We are forever in your debt.

  • Title IX Administrative Hearing & Rape Prosecution

    Successfully represented college student accused of sexual assault in Title IX proceedings. Obtained evidence, interviewed witnesses, crafted witness examinations, and prepared student for the Title IX hearing before the college’s adjudication panel. After the client was found “Not Responsible” at the Title IX hearing, the client faced prosecution for Rape and Sexual Battery. Following extensive pretrial briefing, the case was dismissed.

    Read the client testimonial here.

Special Placement Testimonial

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Special Placement Testimonial

I want to express my gratitude for all your help getting the best possible outcome for [our child].  We were completely unaware of our options and felt overwhelmed by the entire process, and at times bullied by the school, whether or not it was intentional on their part.  Due to your willingness to educate us and talk us through each step of the process, we were able to make confident choices and follow through on what we all believed to be in [our child]’s best interest.  With your help and diligence, we were able to get exactly what we asked for at our initial meeting: time to get all the information, and an outcome that was best suited for [our child]’s success.  Further, I have no doubt that, without you as an ally, we would not have been able to navigate the process in a manner allowing us to maintain a positive relationship with the school system going forward, while we all continue to work together to meet [our child’s] educational needs.

Overall, thank you so much for your hard work, as well as your patience and compassion.  [We] are very fortunate to have you throughout this process.

*Names were omitted to protect the client’s privacy.

College Student Testimonial

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College Student Testimonial

I’m incredibly grateful to have had your expertise and dedication on my side, and am very happy with the results. I’m looking forward to the new-found relief this resolution has afforded me and how to apply all the life experience gained during this turbulent time towards my next steps at [college] and life beyond.

Thank you ever so much for hard work and support, I couldn’t have done it without you.

  • Graduate Program Readmission Testimonial

    “I wanted to let you know I graduated!   I cannot tell u how good it feels and the placements I had were amazing!  I could not have asked for better experiences.  To think about graduating with the other placements prior to this big fight would not even compare.  I really learned so much and had amazing supervisors.  Thank you so much for making this possible.  The words ‘Thank you’ are just not sufficient.  Means the world to me. You made a difference in my life.  Thanks for taking a chance on me and taking my case. Now I have to study for my boards.    I hope you are well!”

Graduate Program Readmission Testimonial

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Graduate Program Readmission Testimonial

“I wanted to let you know I graduated!   I cannot tell u how good it feels and the placements I had were amazing!  I could not have asked for better experiences.  To think about graduating with the other placements prior to this big fight would not even compare.  I really learned so much and had amazing supervisors.  Thank you so much for making this possible.  The words ‘Thank you’ are just not sufficient.  Means the world to me. You made a difference in my life.  Thanks for taking a chance on me and taking my case. Now I have to study for my boards.    I hope you are well!”

  • College Student Testimonial

    I’m incredibly grateful to have had your expertise and dedication on my side, and am very happy with the results. I’m looking forward to the new-found relief this resolution has afforded me and how to apply all the life experience gained during this turbulent time towards my next steps at [college] and life beyond.

    Thank you ever so much for hard work and support, I couldn’t have done it without you.

Reversal of Student Scholarship Revoke

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Reversal of Student Scholarship Revoke

Obtained complete reversal for student of Northeast Ohio College who was suspended and whose scholarship was revoked.

  • College Student Testimonial

    I’m incredibly grateful to have had your expertise and dedication on my side, and am very happy with the results. I’m looking forward to the new-found relief this resolution has afforded me and how to apply all the life experience gained during this turbulent time towards my next steps at [college] and life beyond.

    Thank you ever so much for hard work and support, I couldn’t have done it without you.

  • Graduate Program Readmission Testimonial

    “I wanted to let you know I graduated!   I cannot tell u how good it feels and the placements I had were amazing!  I could not have asked for better experiences.  To think about graduating with the other placements prior to this big fight would not even compare.  I really learned so much and had amazing supervisors.  Thank you so much for making this possible.  The words ‘Thank you’ are just not sufficient.  Means the world to me. You made a difference in my life.  Thanks for taking a chance on me and taking my case. Now I have to study for my boards.    I hope you are well!”

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