Overview

Marybeth Sydor is Title IX and Higher Education Consultant for the firm’s nationally recognized practice in the defense of student and faculty due process civil rights. Marybeth’s extensive experience of over 10 years with the firm as advisor to more than 550 students and faculty in campus disciplinary matters has included informal resolutions, investigations, hearings and appeals at colleges and universities across the country. She has achieved successful results for greater than 90% of her clients, who commend Marybeth as “empathetic, responsive and strategic” in crisis management, providing unwavering navigation during educational institution processes. University attorneys and Title IX Coordinators often recognize her background as a former college administrator, remarking that Marybeth is considered “formidable” in advocating aggressively for her clients and respected as a negotiator for resolving complex matters. 

Marybeth is a passionate advisor advocating for students, faculty, coaches and athletes during all phases of Title IX and conduct disciplinary proceedings, providing guidance for investigations,  appeals and attendance at hearings to achieve favorable resolutions for her clients at large public and private universities as well as prestigious highly selective colleges located throughout the U.S.  She regularly develops individualized strategies for clients to counter alleged violations in the context of a clear understanding of each college’s specific procedures. Marybeth’s clients have included persons accused of school policy violations involving academic integrity, plagiarism, use of Artificial Intelligence (“AI”), hazing, code of conduct, sexual misconduct, Title IX and other complex disciplinary matters.

The depth of her experience as an analyst of Title IX policies and procedures has made Marybeth an integral member of the firm’s litigation team. She provides extensive research and prepares pre-litigation documentation for cases brought against educational institutions. Some of Marybeth’s cases have generated significant attention from major news media, including The New York Times, USA Today, NBC, Los Angeles Times, and The Wall Street Journal.

As a former college advisor and administrator, professional writer and researcher, Marybeth was international internship and publications specialist for selected scholars at an elite liberal arts college prior to joining Nesenoff & Miltenberg, LLP.  As director of partner relations for an international volunteer foundation, she was advisor to hundreds of college students on higher education programs abroad. Marybeth has dedicated her career to advocating for young adults, championing their rights to due process.

Notable Work

Title IX / Sexual Misconduct

  • Advisor to clients during investigations providing preparation for, along with attendance at, client interviews with investigators. Formulates strategic responses to preliminary investigative reports and evidence reviews. 
  • Advisor to clients at live hearings, conducting cross-examination of the parties and all witnesses. Work with clients on preparing opening, closing and impact statements for hearings.
  • Consultant to clients on the required grounds and protocols for preparing an appeal. High success rate in mitigating and reducing sanctions for students found responsible for violations. 
  • Negotiator and facilitator for informal and alternative resolutions, drafting equitable and effective agreements protecting client’s rights.

Represented professor ultimately found “not responsible” after accusations of gender discrimination by four graduate students. Four graduate students filed gender discrimination complaints against a highly respected professor at a large public university which forced four separate investigations by the administration, resulting in “not responsible” findings for each complaint.

Advocated for complainant in stalking case resulting in the violator being suspended from the college.  Advisor for complainant during lengthy investigation and at live hearing with cross-examination of the respondent and witnesses, and for the appeal for an increased sanction after the stalker was found responsible.

Negotiated informal resolution for a Division I hockey player resulting in transfer to a higher ranked DI program. Following an unsubstantiated accusation of sexual misconduct filed against a student athlete, negotiated an informal resolution with a focus on maintaining the student’s NCAA eligibility and evaluating options for a successful transfer.

Successful defense of student accused of sexual misconduct by five complainants. Advisor to student accused of sexual misconduct by five student complainants, male and female, who colluded to file five separate Title IX complaints against our client at a private college. Client was determined “not responsible” in all five cases.

Advisor to private boarding school student sexually assaulted by another student. Advocate for female student sexually assaulted by male student at a Connecticut boarding school. Represented client to file a formal complaint, participate in the investigation, and mediate to achieve client’s desired outcome.

DOE v. THE PENNSYLVANIA STATE UNIVERSITY. Advisor during administrative proceedings to pre-medical school student accused of sexual misconduct in case that won a court ordered preliminary injunction and ultimately allowed the student to resume studies in the medical program.

DOE v. PURDUE.  Researcher for precedent setting case uncovering university gender biased information relied upon by Justice Amy Coney Barrett in her decision to overturn a district court on a Title IX claim.

DOE v. YALE. Advisor to client in Title IX matter who was unjustly imposed with interim suspension prior to any investigation. Prepared case with attorney who won TRO/ preliminary injunction allowing student to remain in school during the Title IX grievance process.

Code of Conduct

  • Counsel clients on school-specific policies and procedures for student conduct violations. 
  • Advisor to clients for investigative interviews, conduct meetings, preparation of statements and evidence, strategy during hearings and for preparing appeals.

Defense of athletes, sorority and fraternity members accused of hazing. Advisor for more than a dozen athletes, sorority and fraternity members wrongfully accused of hazing at universities including Syracuse, Tulane and Princeton. Provide guidance for students on deficient institutional training programs impacting allegations of hazing, as well as federal and state laws cited by colleges and universities in hazing cases.

Overturned the suspensions of three nursing school students wrongly accused of health and safety violations. During pandemic protocols, represented three nursing students in overturning a university’s recommended dismissal from the program for alleged violations of procedures.

“Not Responsible” finding for misidentified freshman student accused of bullying and harassment of fellow student. First-year student who attended a gathering during which inappropriate notes were sent to a resident advisor resulted in an extensive campus investigation and lengthy hearing with more than two dozen combined parties and witnesses requiring cross-examination along with strategic preparation for client’s own testimony.

Academic Integrity

  • Advisor to clients for academic integrity policy violations including preparation of written responses, evidence collection, and hearing statements. Attend academic integrity hearings and assist clients with appeals.

Overturned expulsion of client accused of academic integrity violations for misuse of “AI”.  Client engaged our firm following a recommended expulsion for alleged misuse of Artificial Intelligence (“AI”) conversely after the university had just awarded him a major prize for his AI project. Mitigated the sanction on appeal, allowing the student to immediately return to classes and graduate.

Successful defense of medical student accused of cheating on exam at the Geisel School of Medicine at Dartmouth College. Successfully represented medical student who was falsely accused of cheating during an exam due to Dartmouth’s reliance on inaccurate data from surveillance software. 

“Not Responsible” outcomes for a graduate student accused by department chair of cheating in three separate courses. Advisor to client in obtaining evidence and preparing presentations for three hearings to refute accusations of cheating on examinations and group projects.

Charges dismissed against student accused of plagiarism due to inaccurate data from software used to detect cheating. Undergraduate at prestigious university accused of plagiarism due to software report claiming high percentage of replication of another student’s work. Sanction of dismissal circumvented by advising student on collection of evidence and how to build strong defense to overcome the allegations.

Education

  • Fordham University Gabelli School of Business, M.B.A.
  • Marist College, B.A.

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