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.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.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.pdf MUST BE COMPLETED BY
STUDENT.
g. Notice of
proceedings from the 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.
