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13b.09.01.00.htm 13B.09.01.00. Title 13B MARYLAND HIGHER EDUCATION COMMISSION Subtitle 09 INSTITUTIONAL SEXUAL ASSAULT POLICIES Chapter 01 Legal Representation Fund for Title IX Proceedings Authority: Education Article, §11-105(u) and 11-601, Annotated Code of Maryland
13b.09.01.01.htm 13B.09.01.01. 01 Establishment.. A. There is a Legal Representation Fund for Title IX Proceedings.. B. The Fund shall be administered by the Commission pursuant to Education Article, §11-601, Annotated Code of Maryland.
13b.09.01.02.htm 13B.09.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Commission” means the Maryland Higher Education Commission.. 2) “Complainant” means a current or former student of an institution of higher education operating within the State who:a) Makes a complaint to an institution of higher education on which a formal Title IX investigation is initiated; and
13b.09.01.03.htm 13B.09.01.03. 03 Institutional Policies.. A. Each institution of higher education that is required to adopt a sexual assault policy under Education Article, §11-601, Annotated Code of Maryland, shall include within the policy provisions that a complainant or respondent may:1) Obtain from the Commission, through its website, a list of licensed attorneys who have indicated that they will represent complainants or respondents in Title IX proceedings on a pro bono basis or for reduced legal fees; a
13b.09.01.04.htm 13B.09.01.04. 04 Administration of the Fund.. A. The Fund shall be funded through, and subject to, an appropriation specified in the State budget.. B. Claims for reimbursement submitted under Regulation .05 of this chapter may be granted subject to the availability of funds.
13b.09.01.05.htm 13B.09.01.05. 05 Claims for Reimbursement of Legal Fees.. A. An attorney licensed in the State who has represented a complainant or respondent in Title IX proceedings may seek reimbursement from the Fund, for up to 20 hours of legal costs and fees, by submitting an application to the Commission in the form prescribed by the Secretary.B. The application form prescribed by the Secretary shall require the attorney to disclose, at a minimum:1) Information about the Title IX proceeding, incl
13b.09.01.06.htm 13B.09.01.06. 06 Pool of Attorneys Accepting Pro Bono Clients or Reduced Fees.. A. After consultation with legal service providers with expertise about sexual assault and with State and local bar associations, the Commission shall create and maintain a list of attorneys, each of whom represents and agrees that he or she:1) Is licensed to practice law in Maryland;. 2) Is in good standing with the Maryland Court of Appeals;.
13b.09.01.07.htm 13B.09.01.07. 07 Reimbursements from the Fund.. A. The Commission shall grant a claim for reimbursement submitted under Regulation .05 of this chapter if it determines, in its sole discretion, that:1) The application submitted under Regulation .05 of this chapter is complete and accurate;. 2) The legal services for which reimbursement is sought were provided to a complainant or respondent solely in connection with a Title IX proceeding at an institution of higher education operating wit
13b.09.01.9999.htm 13B.09.01.9999. Administrative History Effective date: July 1, 2019 (46:13 Md. R. 590).
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