Georgia Injury Lawyer Blog

Williams Oinonen LLC was delighted to welcome back a return group of Covenant College pre-law students in Atlanta. Special thanks goes out to the Fulton County Office of the Public Defender where students enjoyed visiting last semester and learning further about a career as a public defender from the Director Vernon S. Pitts (see above photos), Supervisor D'Andre Berry, and heard fabulous stories from Supervising Trial Attorney Elizabeth Markowitz.

Special thanks also goes out to Paul Howard at Fulton County District Attorney's office where Assistant District Attorneys April McConnell and Antonio Veal coordinated a very exciting afternoon for the students which included watching a murder trial.

The day also featured a special luncheon at the Commerce Club hosted by Williams Oinonen LLC with special guest and fellow alumni Jeremy Davis of Carlock Copeland.

Today, Williams Oinonen LLC hosted a law school admissions tour day where students visited Emory University School of Law and Georgia State University College of Law. The law firm hosted a luncheon for the students at Alma Cochina.

Next month, Williams Oinonen LLC will be participating in a law school panel and workshop for pre-law students at Covenant College, on Lookout Mountain in North Georgia, Dade County.

Williams Oinonen LLC enjoys regularly hosting visits for pre-law students from a diverse array of schools and backgrounds. If you know of a pre-law student who is interested in the legal profession please feel free to contact the law firm for further information on mentorship and visiting opportunities at 404-654-0288.

This past Friday Williams Oinonen LLC hosted a group of pre-law students from Covenant College for an all day excursion. Students left at 6 a.m. from Lookout Mountain, Georgia to arrive at the downtown law office in Atlanta that morning to meet Ms. Oinonen, an attorney at Williams Oinonen LLC who led the day trip.

The day started out with a visit to Emory University School of Law. The group arrived at Emory University around 9:15 a.m. to do a brief walking tour of the larger university campus as a whole and ended up at the law school building. They started the visit by attending an admissions presentation in the Emory Law School Courtroom and then participated in a student led tour of the law school itself. Afterwards, they attended a property class taught by Professor Frank Alexander which according to students was the best part of their visit at Emory. His lecture focused on the constitutional issues surrounding eminent domain. Prior to saying goodbye, they were introduced to the Dean of Admissions, Ethan Rosenzweig 02L

After the Emory Law School tour, the group travelled to the Commerce Club, of which Ms. Oinonen is a member to attend a special private luncheon. During this time, she listened to all of the students share stories of their time at Covenant College and answered questions about law school and the legal profession.

After the luncheon, the group took a tour of Fulton County Courthouse. After the tour, they were able to observe a felony child molestation trial and got to watch the criminal defense attorney give closing argument before the jury in the courtroom of Judge Kimberly Esmond Adams of the Fulton Superior Court.

An alumna of both Covenant College and Emory University School of Law, Ms. Oinonen is currently a Fellow at Emory University School of Law's Center for Advocacy and Dispute Resolution, adjunct faculty member at the Trial Techniques Program and an alumni advisor at the Tort and Insurance Society Practice Group for Emory Law students. Her practice primarily focuses on helping plaintiffs injured or harmed due to a wrong or injustice specifically in employment matters, education, and personal injury cases. She recently stated: "Some of the best part of my law practice is when I have the chance to work with young people at Covenant College and Emory University School of Law. There is no better way to give back then helping others and the students at Covenant and Emory are a joy and pleasure to work with."

Federal law under The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) gives parents the rights to their children's educational records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. This applies to most schools.

What Are A Parent's Rights Under FERPA?

FERPA gives parents certain rights with respect to their children's education records:

• Parents have the right to review and inspect their child's educational records maintained by the school. Schools may charge for copies.

• Parents have the right to request that a school correct a record that they believe to be inaccurate. If the school decides not to amend the educational record, the parent has a right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent has a right to place a statement with the record reflecting their viewpoint about the information that is contested.

• Generally, schools must have in writing permission from a parent to release information about a student's educational record. The law allows schools to disclose those records to the following parties under the following conditions:

 School officials who have a legitimate educational interest in reviewing the record;
 Another school where the student transfers to;
 Appropriate officials for evaluation or auditing purposes;
 Appropriate individuals in connection to the student's financial aid;
 Organizations providing certain studies on behalf of the school;
 Accreditation institutions;
 To comply with a court order or subpoena;
 Appropriate officials in safety and health emergencies; and
 Juvenile justice system authorities, pursuant to specific State law.

Schools are allowed to disclose, without consent, "directory" information including name, phone number, and other such basic information as long as they tell parents about such information and allow a reasonable time frame to opt out.

These rights under FERPA will transfer to the student when they reach the age of majority (age 18) or attend college or an educational institution beyond high school.

Continue reading "Parents Rights Under the Federal Educational Rights and Privacy Act" »

Williams Oinonen LLC partner Julie Oinonen was recently appointed as a Fellow at the Emory University School of Law Center for Advocacy and Dispute Resolution.

Previously, Ms. Oinonen has been a Dean's Teaching Fellow and Post Doctoral Fellow for Emory University School of Law. She is also admitted into the prestigious Order of Emory Advocates, in addition to being awarded the Kathleen Kessler-Eidson Trial Advocacy Award and International Academy of Trial Lawyers Award by Emory University School of Law. Ms. Oinonen has a Masters of Education and Masters of Business Administration graduating Magna Cum Laude. She completed her undergraduate education at Covenant College, a Christian college located on Lookout Mountain, Georgia.

Ms. Oinonen now joins her partner, Mr. Mario Bernard Williams, who is also a Fellow at the Center. Prior to Mr. William's career as an attorney at Williams Oinonen LLC, he worked in the field of International Human Rights throughout South America. Mr. Williams graduated with honors from Morehouse with a degree in Political Science and has extensive experience with opponent research, policy analysis and political consulting. Additionally, Mr. Williams and Ms. Oinonen have had much success working on opponent research campaigns for elected officials throughout Georgia.

Ms. Oinonen's recent appointment as Fellow at the Center for Advocacy and Dispute Resolution makes Williams Oinonen LLC the only law firm in the United States to have both Partners named as Fellows of Emory University Law School.

Currently, Williams Oinonen LLC is accepting new clients. We welcome you to contact us to schedule an appointment today.

Good Georgia Lawyer is very happy to report that the United States Department of Education Office of Civil Rights is cracking down on how colleges and universities report sexual misconduct.

The tougher response comes after a federal investigation identified problems at a number of colleges where sexual assault victims were re-victimized by university policies and procedures.

The Obama administration approach is also in response to the previous administration's laissez faire approach. Now however, colleges and universities are all on notice that they must respond appropriately and accurately report sexual misconduct incidents. Additionally, feds have launched investigations on certain campuses.

In April, the US Department of Education's Office for Civil Rights (OCR) sent a letter to all colleges and universities clarifying specific ways that sexual misconduct should be dealt with under Title IX, a 1972 gender-equity law governing educational institutions that receive federal funds.

Among other things, the letter addresses appropriate time lines for resolving cases, supporting victims, and curing hostile environments. Thus far, at least 25 colleges and universities, ranging from Stanford University to the University of Virginia, have changed and implemented new policies in response to the letter say OCR officials calling it the "wake up call" that was needed.

One big issue is that college campuses must now use a "preponderance of the evidence" standard when adjudicating sexual assault cases. That means a university judicial board needs to be just over 50 percent sure the incident occurred. Some campuses had used a "clear and convincing" standard, which required about 75 percent and then some, like Stanford, had even required "beyond a reasonable doubt," similar to a criminal trial.

In addition to the April letter, OCR has been conducting inquiries and compliance reviews, prompted by concerns at specific schools. OCR reached a settlement with the University of Notre Dame this past summer which came about when a student committed suicide after accusing a fellow student of sexual assault. The school agreed to improve all the sexual assault policies, use a preponderance of the evidence standard, and resolve cases in a timely manner. Currently, Yale University is being investigated by the OCR as well concerning allegations of sexual harassment.

What Does The Law Say Regarding Sexual Assault At Colleges and Universities?

Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. Sec.1681, et seq., prohibits sex discrimination in any federally funded educational program or activity. Title IX also covers sexual violence and obligates schools to do the following. Once a school knows or reasonably should know a sexual assault it must take appropriate action to investigate:

• If sexual violence did happen the school must take immediate effective response to end it, prevent it, and address the effects.
• A school must take steps to protect the victim.
• A school must provide a complaint procedure for students to report sexual discrimination, harassment and assault. The procedures must present an equal opportunity for the accused and accuser to present evidence and appeal.
• A school must now use the preponderance of the evidence standard (51 percent) in adjudicating student judicial hearings.
• A school must notify both parties of the outcome.

Good Georgia Lawyer is encouraged because fortunately, these civil rights laws will now protect more and more students who are victims of sexual assault.

If you are a college student who has experienced a sexual crime on campus you are welcome to contact us to discuss your legal rights. But first, immediately seek medical treatment to preserve DNA and other related evidence. Call us though. We can provide legal counsel via telephone if you are too far away from our Atlanta office but still in Georgia. If you are outside of Georgia, we would be happy to refer you to another lawyer.

If you are a college or a university administrator, Williams Oinonen LLC offers legal consulting, workshops and seminars to train faculty and staff on a variety of legal issues that help insure that institutions comply with the law, avoid liability, and aid in promoting a positive university environment for all students.