Miltenberg: “Triple Jeopardy in College Sexual Assault Case Ends an N.F.L Career,” The New York Times


After Keith Mumphrey was cleared of sexual assault charges filed by another student when he attended Michigan State, the university changed positions and he was tossed out of his graduate program and cut by the Houston Texans. His lawyer, Andrew T. Miltenberg, who has defended students in many high profile Title IX cases, is fierce and eloquent on the procedural flaws and missteps of the Michigan State investigation, and of the larger problems presented by the lack of safeguards. Mumphery last week filed a suit against the university, charging that it denied him due process and wrecked his football career. Judges often ask, well, how can you prove future financial damage to a client who is, after all, still a student? “What makes this fiasco at M.S.U. so unique is that this terrible process has reached into the N.F.L. and destroyed the career of someone who was near the pinnacle of his profession,” Miltenberg says. This is not an outtake from a bad men’s rights movie. Civil libertarians and legal scholars, including those with impeccable feminist credentials, have challenged the lack of due process in these Title IX proceedings, particularly for the accused.

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