Chapter 01. Legal Representation Fund for Title IX Proceedings
Regulation .01 Establishment.LinkCopy Citation
A.
There is a Legal Representation Fund for Title IX Proceedings.
B.
The Fund shall be administered by the Commission pursuant to Education Article, §11-601, Annotated Code of Maryland.
Regulation .02 Definitions.LinkCopy Citation
A.
In this chapter, the following terms have the meanings indicated.
B.
Terms Defined.
(1)
“Commission” means the Maryland Higher Education Commission.
(2)
“Complainant” means a current or former student of an institution of higher education operating within the State who:
(a)
Makes a complaint to an institution of higher education on which a formal Title IX investigation is initiated; and
(b)
Was enrolled at the institution at the time of the incident that is the basis of the complaint.
(3)
“Fund” means the Legal Representation Fund for Title IX Proceedings.
(4)
“Respondent” means a current or former student of an institution of higher education operating within the State who:
(a)
Responds to a complaint on which a formal Title IX investigation is initiated; and
(b)
Was enrolled as a student at the institution at the time of the incident that is the basis of the complaint.
(5)
“Secretary” means the Secretary of Higher Education.
(6)
“Title IX proceeding” or “Title IX investigation” means an institution’s formal process of investigating and resolving a written complaint under Title IX of the federal Education Amendments of 1972, 20 U.S.C. §1681, as amended.
Regulation .03 Institutional Policies.LinkCopy Citation
A.
Each institution of higher education that is required to adopt a sexual assault policy under Education Article, §11-601, Annotated Code of Maryland, shall include within the policy provisions that a complainant or respondent may:
(1)
Obtain from the Commission, through its website, a list of licensed attorneys who have indicated that they will represent complainants or respondents in Title IX proceedings on a pro bono basis or for reduced legal fees; and
(2)
Through the complainant’s or respondent’s attorney, seek payment for the attorney of certain legal costs and fees from the Commission’s Legal Representation Fund for Title IX Proceedings, subject to the availability of funding.
B.
The institution shall display prominently in its policy, and shall make available to students, the information contained in §A of this regulation.
Regulation .04 Administration of the Fund.LinkCopy Citation
A.
The Fund shall be funded through, and subject to, an appropriation specified in the State budget.
B.
Claims for reimbursement submitted under Regulation .05 of this chapter may be granted subject to the availability of funds.
Regulation .05 Claims for Reimbursement of Legal Fees.LinkCopy Citation
A.
An attorney licensed in the State who has represented a complainant or respondent in Title IX proceedings may seek reimbursement from the Fund, for up to 20 hours of legal costs and fees, by submitting an application to the Commission in the form prescribed by the Secretary.
B.
The application form prescribed by the Secretary shall require the attorney to disclose, at a minimum:
(1)
Information about the Title IX proceeding, including the identity of the institution and the time period of legal representation;
(2)
The attorney’s retainer agreement with the complainant or respondent;
(3)
A detailed billing statement of legal services provided to the complainant or respondent;
(4)
Certification from the attorney that the billing statement is accurate and complete;
(5)
Written authorization, signed by the client, that:
(a)
The attorney may seek reimbursement from the Fund to pay the client’s fees; and
(b)
If applicable, the client understands and agrees that the client is responsible for paying any fees that are not reimbursed through the Fund; and
(6)
Certification from the attorney that, if the attorney is included within the pool created under Regulation .06 of this chapter, the attorney has not charged, and will not charge, the client any costs and fees in excess of the reduced rate identified in Regulation .06 of this chapter.
Regulation .06 Pool of Attorneys Accepting Pro Bono Clients or Reduced Fees.LinkCopy Citation
A.
After consultation with legal service providers with expertise about sexual assault and with State and local bar associations, the Commission shall create and maintain a list of attorneys, each of whom represents and agrees that he or she:
(1)
Is licensed to practice law in Maryland;
(2)
Is in good standing with the Maryland Court of Appeals;
(3)
Has malpractice insurance sufficient to cover representation in a Title IX proceeding;
(4)
Is qualified and willing to represent a complainant, a respondent, or either, in a Title IX proceeding; and
(5)
Shall represent complainants or respondents in Title IX proceedings:
(a)
On a pro bono basis; or
(b)
At fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation established under Human Services Article, Title 11, Annotated Code of Maryland.
B.
The Secretary shall identify, and shall publish on the Commission’s website, the hourly fees and costs that may be charged by an attorney on the list created under §A of this regulation.
C.
The Commission may not recommend, insure, or endorse an attorney, law firm, or legal services agency, and is not liable for any acts or omissions of the attorney, the law firm, or the legal services agency.
Regulation .07 Reimbursements from the Fund.LinkCopy Citation
A.
The Commission shall grant a claim for reimbursement submitted under Regulation .05 of this chapter if it determines, in its sole discretion, that:
(1)
The application submitted under Regulation .05 of this chapter is complete and accurate;
(2)
The legal services for which reimbursement is sought were provided to a complainant or respondent solely in connection with a Title IX proceeding at an institution of higher education operating within the State;
(3)
The legal costs and fees for which reimbursement is sought are reasonable; and
(4)
The Fund contains sufficient funds to grant the reimbursement.
B.
The Commission may not reimburse any legal costs or fees associated with a civil or criminal matter, or associated with an administrative matter that is not a Title IX proceeding at an institution operating in Maryland.
C.
The Commission shall reimburse costs or fees only at rates equivalent to those paid to attorneys under civil-legal services programs administered by the Maryland Legal Services Corporation established under Human Services Article, Title 11, Annotated Code of Maryland.
D.
The Commission’s decision whether, and in what amount, to provide reimbursement under this chapter is final and not subject to further review.
Chapter annotations
Authority: Education Article, §§11-105(u) and 11-601, Annotated Code of Maryland
History: Effective date: July 1, 2019 (46:13 Md. R. 590)