Alec Rose has been representing students and faculty in educational misconduct cases since 1993.
I vigorously advocates for the rights of students and faculty members accused of sexual misconduct to receive fairness from their schools. I help my clients to face their accusation with confidence, thorough preparation, creative strategies, and a full understanding of their rights.
I have successfully advised and defended students and faculty in grievance proceedings and investigations. My clients often face dismissal (expulsion), lengthy suspensions, and sometimes also face potential criminal charges.
I have represented and advised hundreds of students and dozens of faculty and teachers accused of sexual misconduct at colleges and schools throughout the United States. This includes public and private colleges ranging from major universities with tens of thousands of students to small colleges with hundreds of students, as well as public school districts.
I have worked with students and faculty in cases where the accusations were extremely serious, including cases with multiple accusations of sexual assault and rape. While I can’t guarantee the outcome of your case, I’ve had many such cases result in no disciplinary finding against my client. Rising to this challenge takes hard work, thorough preparation, strategic thinking, and gathering strong evidence where it is possible. My work with each client focuses on all of these aspects of defense.
I believe that every accused student and faculty member deserves an effective advocate and advisor. There is no other way to fight for fair application of the rules and a realistic chance of clearing an accused person’s name.
Schools and colleges became much more aggressive in their enforcement of Sexual Harassment and Sexual Violence policies under Title IX. In 2011, The U.S. Department of Education Office of Civil Rights issued guidance requiring educational institutions to enforce these rules more vigorously and to punish wrongdoers much more severely. Although new guidance was issued in 2017 suggesting that these standards can be relaxed, universities and school districts nationwide have announced that they will continue to follow the stricter 2011 policies.
For an accused student or faculty member, Title IX is a confusing and intimidating set of rules and procedures. Without training and experience in educational and administrative law, there is little chance of effectively mounting a defense. Schools provide accused students their procedural handbook, but no advice about how to strategize and present an effective defense. With suspension or dismissal on the line, it is extremely difficult to win without experienced help.
Title IX disciplinary processes for sexual violence and sexual harassment cases are markedly different from civil or criminal courts. Most schools require the accused student or faculty member to speak for themselves, not through the advisor or attorney, which means that my job is to prepare these clients to be effective advocates for themselves. There is no power to subpoena evidence or witnesses. Private colleges are not required to provide for due process. Most colleges, universities, and school districts do not provide for a contested hearing where the two sides present evidence and can cross-examine one another and the witnesses before a fact-finder. Usually, the entire case is presented to an investigator, who analyzes the evidence presented by the two sides and determines whether or not the accusations were substantiated to a preponderance of the evidence.
Without the ability to navigate this non-traditional, administrative process, the accused student is at a serious disadvantage. Many of my student and faculty client remark that they would not have known how to present their side of the case effectively without my advice.