Sexual misconduct allegations can bring significant legal, reputational and operational consequences for businesses, schools and nonprofit organizations — especially when these matters unfold in the public eye.
Sensitive Investigations & Risk Management
Balancing legal obligations, fairness and public accountability.
Sensitive Investigations & Risk Management
Overview
Experience
Sexual Misconduct and Title IX
MTO handles sensitive and sometimes high-profile internal and government investigations into allegations of sexual misconduct and defends colleges and universities in Title IX litigation and government enforcement actions. Representative matters include:
- Representing Fortune 500 companies across various industries, including media and entertainment, tech, retail, health care and financial services in sensitive internal investigations and government enforcement actions, including by the California Department of Fair Employment and Housing and the U.S. Department of Health and Human Services.
- Conducting independent internal investigations into sexual misconduct at independent boarding and day schools and colleges and universities and advising on disclosure obligations and corrective actions. In some instances, these investigations culminated in publicly released reports.
- Representing colleges, universities and academic medical centers in Title IX investigations by the Department of Education’s Office of Civil Rights and the Department of Health and Human Services’ Office of Civil Rights.
- Defending the University of California in a class action lawsuit filed on behalf of all students across all 10 UC campuses who were disciplined by the University for sexual assault or sexual harassment in the past five years. The lawsuit alleged that the University denied these students due process. MTO obtained dismissal of the lawsuit at the pleadings stage.
- Defending colleges and universities in Title IX lawsuits filed by complainants who allege the school was deliberately indifferent to sexual violence or a hostile environment and by respondents who allege the school discriminated against them based on their gender in investigating and/or imposing discipline for sexual violence.
Other Misconduct and Harassment
MTO advises on sensitive matters involving allegations of serious misconduct of a non-sexual nature, including fraud, bribery, bullying, abusive conduct or discrimination. MTO conducts internal investigations and advises on litigation risk, crisis communications and corrective actions for a range of clients in various industries, including major motion picture and television studios and professional sports franchises.
- MTO represented major motion picture and television studio in internal investigations of misconduct on set and during major productions.
- MTO represented the University of California in an internal investigation into allegations that the head coach of the University of California, Berkeley’s women’s swimming team engaged in abusive and discriminatory conduct against dozens of athletes for more than two decades. In January 2023, the University announced it was parting ways with the coach after the publicly disclosed report concluded she had violated the University’s policies against discrimination and bullying.
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