Title IX Campus Sexual Assault Proceedings: Attorney Reimbursement Procedures

Title IX Campus Sexual Assault Proceedings: Attorney Reimbursement Procedures

Regulations: 13B.09.01

Information for Students about Attorney Fee Payment

Under § 11-601 of the Education Article of the Maryland Code, MHEC may pay for certain attorney fees and costs for representing you in a Title IX Proceeding.  Whether or not you choose an attorney from MHEC’s Attorney List, your attorney may be eligible to receive full or partial payment from MHEC.

If you have an attorney who would like payment of attorney fees for representing you in a Title IX proceeding, they must request those fees directly from MHEC under the policies and procedures below.  To do so, they will need you to sign a certification form that they will provide to you.

Per COMAR 13B.09.01.06, MHEC is not liable for any acts or omissions of any attorney, law firm, or legal services agency.  If you have a complaint about your attorney, please contact the Attorney Grievance Commission.  Information on the Attorney Grievance Commission, including instructions on filing a complaint, is available here.

Information for Attorneys about Fee Payment

Pursuant to Education Article, § 11-601, Annotated Code of Maryland, attorneys may be eligible for payment of fees and certain costs for legal representation in Title IX Campus Sexual Assault cases.  The following guidelines govern MHEC payment of these fees and costs.  An attorney does not have to be on the MHEC Attorney List to request payment, but the attorney is subject to the same regulations and policies regarding payments.

Payment may be requested for legal services provided on or after August 1, 2019.  (If proceedings started prior to that date, you may still request payment for the portion of legal services that were provided on or after that date.)

1.      Availability of Funds.  Reimbursement is subject to the availability of funds appropriated for this purpose.

2.      Hourly Rate.  Under Educ. § 11-601(d)(6), attorneys, whether or not on the MHEC Attorney List, may be paid fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation.  The current rate is $100 an hour for both list and non-list attorneys.  List attorneys may not charge the student fees or costs in excess of this rate.  If non-list attorneys charge more than this rate, the student will be responsible for the difference.
Billing should be done in increments of 6 minutes (.1 of an hour) or less.

3.      Costs.  Attorneys who are submitting fee payment requests may request reimbursement for the costs of traveling to and from the university, including mileage (at the state rate, $0.575 per mile for CY20), tolls, public transit, and parking, up to $200.  Any cost reimbursement requests must be accompanied by a Title IX Travel Cost Reimbursement Form and receipts (costs charged to an electronic account such as EZ-pass should include documentation from the online account).

Office expenses (such as copies, postage, or secretarial/paralegal time) or other costs will not be covered.

4.      Maximum Allowable Limit.  There is a payment cap of 20 hours per case.  For MHEC List Attorneys, any representation beyond 20 hours must be provided pro bono.  For non-list attorneys, the student will be responsible for all fees incurred beyond the 20 hours.

5.      Scope.  Payment of fees and costs will only be for Title IX Proceedings.  No payment will be made for representation or assistance in civil, criminal, or non-Title IX student disciplinary/misconduct proceedings.

6.      Submission Deadlines.  All payment requests should be submitted within 60 days of termination of representation.

7.      Documentation Required

a.       Payment Request Form.pdfPayment Request Form.pdf  This form requests a federal employee identification number (FEIN).  The State is unable to process any payments that do not include a FEIN.

b.     Additional Information Form.pdfAdditional Information Form.pdf

c.       Retainer/Representation Agreement.  Confidential information may be redacted so long as the following are visible: client’s name; rate charged, including information regarding fee caps and what the student is directly responsible for; scope of representation; and client signature/date.

d.      Detailed Billing Statement.  Confidential or privileged information, such as descriptions of attorney work product, may be redacted.

e.       Travel Cost Reimbursement Form (if applicable).  (Available soon; please check back later).

f.        Student Certification Form.pdfStudent Certification Form.pdf  MUST BE COMPLETED BY STUDENT.

g.      Notice of proceedings from institution.  A copy of the first notice provided to your client by their college or university under Educ. § 11-601(d)(3)(iv) or § 11-601(d)(4)(i).​

8.      Payment.  Please allow at least 60 days for processing of request.

Please contact us at TitleIXproceedings.mhec@maryland.gov for further assistance.

This website was last updated on January 10, 2020.

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