Frequently asked questions

We help college students nationwide in defending themselves in university disciplinary proceedings, helping them navigate through college and university student conduct codes and academic honor codes as well as defending themselves against criminal charges.  College students often must defend themselves on two fronts simultaneously against: (1)  college & university conduct charges; and, (2) potential criminal charges.  We excel at managing both situations simultaneously.

Generally, we have represented both victims as well as those accused in college and university investigations, civil cases, criminal cases, criminal investigations, grand jury investigations  as well as white-collar investigations and white-collar defense.  Our clients include college students, non-college individuals, small business owners, and both small and Fortune-500 level corporations. McGlinchey has attorneys licensed throughout the country, and we are able to service clients nationwide.

We accept cases where clients need help with stressful and difficult situations.  These may include: campus sexual assaults, plagiarism, drug & alcohol violations of college student conduct codes, criminal allegations, whistleblowers who want to disclose fraud against the federal government or state and local government being perpetrated by their employer, and businesses ranging from startup to Fortune-500 level sophisticated corporations.

You should get in touch with us immediately so we can help you assess the seriousness of the problem and how to navigate the available and required processes set forth in your college or university academic honor code.  Before you speak with your professor or a college administrator it is best to speak with us first.  It is very stressful to be accused of plagiarism and it is important to be mentally prepared for conversations with professors and college deans or other administrators so that you do not say things that may hurt your academic career.  It is natural to want to immediately explain yourself to your professor or dean – and there is a time and place for that – but it is crucial to not respond without being prepared.  Remember that by the time you are accused of plagiarism your professor is already sufficiently concerned that a hasty email from you or meeting with them is not going to solve the problem or make the matter go away.  Students are often offered a “quick fix” by colleges and universities such as accepting responsibility and being put on academic probation or taking an “F” in the course.  Such “quick fixes” are not always in your best interest and there is no way to make that decision without carefully understanding the strengths and weaknesses of your situation as compared to others similar situations.  We are very familiar with the mindset of the academia and their concerns about plagiarism.  My parents were both professors and I teach part-time at the university level myself.  We also will use other college professors as consultants in our plagiarism cases to help analyze the case.

Contact a lawyer with experience in all three of these areas:  (1) defending against campus sexual assault allegation in university disciplinary proceedings; (2) Title IX accommodation procedures;  (3) defending against criminal charges of sexual assault brought by the local police and prosecutors.  Being accused of a campus sexual assault may subject you to university conduct code charges, Title IX proceedings as well as criminal proceedings so you’ll need the advice of an attorney who can handle all three matters simultaneously.

(1)  Defending against campus sexual assault allegation in university disciplinary proceedings:  Colleges and universities are under enormous pressure to respond quickly and authoritatively to any allegations of campus sexual assaults.  Any perceived failure by the schools may result in investigations by the United States Department of Education, the United States Department of Justice, law suits against the college or university filed by campus sexual assault victims, as well as lawsuits filed by those accused of campus sexual assaults.  Pending federal and state legislation about campus sexual assaults continue to add further pressure and complexity to the issues as colleges and universities struggle to revise existing procedures and implement new procedures as quickly as they can.

Confusion over how to respond and defend against campus sexual investigations often make a student feel like they have “tried & convicted” without any due process.  Often the student and their families wait too long to seek experienced legal help and often have trouble finding lawyers who understand and have experience at defending against campus sexual assaults.  Speed is important to the universities and speed is even more critical for you if you have been accused.  There is only small window of time to prepare yourself and your defense and waiting to start can mean that critical parts of the process are completed by the university before you have a chance to mount a defense.  All too often, we are not contacted until after a student has already been interviewed by campus investigators or even already found responsible and suspended or expelled from their college.

(2)  Title IX accommodation procedures:  Title IX processes are entirely separate from conduct code violation procedures and may be implemented immediately.  These can range from stay away and no contact orders banning you from being in touch with the student who has accused you to even greater restrictions, including being forced to move out of your housing and even being barred from campus and suspended before any formal conduct code violation charges have been brought.  These actions can happen almost contemporaneously with your learning about being accused so it is crucial that you seek legal advice from a lawyer experienced with Title IX procedures immediately.

(3)  Criminal Charges:  Every campus sexual assault allegation carries with it the potential of criminal charges, prosecution, conviction, registration as a sexual offender and jail.  Often an accused student may face both university conduct code violation proceedings and criminal investigation and charges simultaneously.  In other situation, one or the other may come first and the defense of one must be done by an experienced campus sexual assault lawyer who understands how both systems work.

Yes.  Campus sexual charges involve complex and confusing procedures that carry enormously harsh consequences including: suspension, expulsion, and jail.  The consequences of having a university sexual misconduct violation on your child’s academic transcript can have a crippling effect upon the progress of their future professional career.  Your student needs the advice of a lawyer experienced in navigating the university procedures and defending against not only university sexual conduct code violations but also a lawyer who understands Title IX procedures and how to simultaneously  defend against criminal charges.

Yes.  We work with other counsel around the country to offer advice and help at every step of defending a college student.  Our experience is based on having defended and won campus sexual cases at the hearing level, appellate level and even after appeals have been exhausted as well as having the benefit of decades of criminal prosecution and investigation experience.

Contact us by telephone or email to learn about our training and investigative services.  Our experience includes years of training law enforcement and federal prosecutors.

Shan taught two courses at George Washington University about college student defense. “College Students & the Law” focused on a myriad of legal issues typically confronted by college students, including university disciplinary issues, and “Campus Justice” focused on how colleges and universities manage conduct and academic codes in comparison with the civil and criminal justice systems.  Both courses utilized a variety of speakers, including former prosecutors, judges and detectives. Both courses explored in depth the difficult issues surrounding the investigation and adjudication of campus sexual assault cases.