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Andrew T. Miltenberg is an attorney specializing in the field of campus assault due process.
Contents
- Nungesser V Columbia University
- Doe V Brown University
- Civil Liberties on Campus Conference at Stanford Law School
- Television and Radio Appearances
- References
Miltenberg has represented a number of male students who claim to have been wrongfully accused of campus assault and have had no access to due process in campus investigations and disciplinary proceedings. His cases have generated attention from national news media, including The New York Times, The Wall Street Journal, Newsweek, USA Today, The Los Angeles Times, CBS Sunday Morning, New York Magazine, The Huffington Post, Fox News, and National Public Radio.
Described by Newsweek as the “go-to attorney for students accused of sexual assault,” Miltenberg advocates for the rights of accused college students to due process. He has defended students at disciplinary proceedings facing suspension or expulsion from a wide range of colleges and universities and is representing a student in a first-of-its-kind lawsuit against the U.S. Department of Education's Office of Civil Rights. In all, Miltenberg has represented more than 75 students in college disciplinary hearings in over 30 states. He has also filed numerous civil lawsuits against universities in connection with mistreatment of accused students. His article on representing accused students on campus was featured in the American Bar Association's Litigation Journal in Fall, 2016.
Miltenberg is currently a board member of FACE, Families Advocating for Campus Equality, a non-profit advocating for equal treatment and due process rights for those affected by sexual misconduct allegations on campus.
Nungesser V. Columbia University
Among his lawsuits filed against universities, Miltenberg represented Paul Nungesser, a student accused of rape by Columbia University “mattress girl” Emma Sulkowicz. While Nungesser was ultimately cleared of all charges by the University, his accuser famously carried a mattress wherever she went on campus as her senior thesis to protest Nungesser’s presence. Nungesser filed a lawsuit against Columbia, charging that the school violated Title IX statutes by abetting the woman’s gender-based harassment.
While the lawsuit was initially dismissed by a federal district court judge, Miltenberg filed an amended complaint on behalf of Nungesser on April 25, 2016.
Doe V. Brown University
Miltenberg served as an attorney in a case against Brown University, in which the United States District Court for the District of Rhode Island ruled to allow a former student’s Title IX lawsuit against the University to proceed. The plaintiff, John Doe, charged that Brown violated his due process rights and discriminated against him based on his gender in a wrongful sexual misconduct investigation.
"Civil Liberties on Campus" Conference at Stanford Law School
Andrew Miltenberg was a panelist at Stanford Law School Constitutional Law Center’s “Civil Liberties on Campus” conference on Saturday, April 30, 2016. Miltenberg participated in a panel discussion on sexual misconduct procedures, moderated by Mariano-Florentino Cuéllar, Justice of the Supreme Court of California that included Michele Dauber of Stanford Law School, Jacob Gersen of Harvard Law School and Deborah Rhode of Stanford Law School