MARK WEIKER, ESQ.
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“Mark and his team helped me to get reinstated back to a tenure track full-time position. I had some serious issues—including breach of an accepted, written contract, discrimination, and retaliation. Mark drafted legal documents, negotiated, and advocated on my behalf, and I was made completely whole. If you believe you have been wrongfully terminated or treated unfairly due to discrimination, this is the firm to contact. I cannot say enough about their professionalism, skills, and ability to get a just resolution. Mark was also available and very responsive, collaborative, and tracked billable hours masterly showing he cares about a client’s time and money.”
Mark focuses his practice on all aspects of school law, representing students, parents, teachers, university faculty and administrators. Mark formerly served as day-to-day and defense counsel for traditional public schools, but started representing students/parents/educators in 2014 when he co-founded AW Law.
Mark represents students “preschool through PhD” in disciplinary and special education issues, and represents school employees in school discipline, contract and separation issues, and for education licensure investigations conducted by state Departments of Education.
Mark has written and spoken on a variety of education-related topics including Title IX investigations, FERPA and state student privacy laws, high school athletic eligibility, access to student educational records, special education rights and responsibilities, IDEA, state Operating Standards, suspension and expulsion rights for students, college codes of conduct and academic misconduct, public records, FMLA, sovereign immunity and qualified immunity for schools, dress codes, student civil and constitutional rights, childhood sexual assault claims, and liability waivers, among several others.
Mark has completed training to act as a surrogate parent for students with disabilities, holds a sports agent license issued by the Ohio Athletic Commission and serves as an arbitrator for education-related contract matters. Mark also serves as a Title IX investigator, advisor and trainer with Title IX Solutions.
Outside of work, Mark most enjoys coaching youth sports, playing legos and dominoes with his son, watching his daughter dance, and learning and laughing about parenting with his wife.
Education
The Ohio State University (B.S., 2002); Capital University Law School (J.D., 2010, Student Bar Association President; Order of the Curia; Dean’s Award for Public Service); Proud Graduate and lifelong advocate for Head Start!
Bar Admissions
Ohio, 2010; Michigan, 2021; Pennsylvania, 2022; U.S. Dist. Court, Southern Dist. of Ohio, 2011; Northern Dist. of Ohio 2016; Middle Dist. of PA, 2025; Eastern Dist. of Michigan, 2026; U.S. Court of Appeals for the 6th Circuit, 2012.
Practice Areas
School Law, Special Education, Educator Representation, College Code of Conduct, Fraternity and Sorority; Employment, Title IX, School and Workplace Investigations, Education Arbitration; Education Consulting
Named “2021 Lawyer of the Year” in Education Law by U.S. News (Columbus metro area); Listed in Best Lawyers in Education Law since 2021; Rated as a Super Lawyer in School Law since 2021; previously as a "Rising Star" in by Super Lawyers from 2015-2020; Rated "Superb" in Employment and Education Law by Avvo.com, Lawyer Rating Service, Avvo Clients’ Choice Award Winner since 2017
Affiliations
Ohio State Bar Association, Education Law Committee; Member, Council of Parent Attorneys and Advocates (COPAA); Columbus Bar Association, Member, Barrister Leadership Program (2011-2012); Central Ohio Association For Justice, Member; Central Ohio Labor and Employment Relations Board, Member; Entreprenuers Organization, Member (2025-present); Bexley Chamber of Commerce (Board Member, 2014-2021; President 2020-2021); Franklinton Farms, Board of Directors and Vice President (2016-2019); Web Wise Seniors, Inc., Board of Directors (2007-2020); Delta Tau Delta Fraternity, Beta Phi Chapter, House Corporation Member; InspirEducation, Board of Directors (2021-2024); Underground Coffee Club, Honorary Member; Certified in Youth Mental Health First Aid (National Council for Mental Wellbeing)
Presentations, Publications + Appearances
Co-Presenter, Title IX in Athletics, k12 and Higher Education, Title IX Solutions (May 2026)
Co-Presenter, Student Discipline: Impacts of Cell Phone Ban and Expulsions for Dangerous Behavior, OASSA Legal Update (2026)
Commentary, Transparency Gap: Public vs. Private Schools, WFMJ (Sept 2025)
Commentary, Schools Mull Changes as ‘Bathroom Bill’ Goes Into Effect, NBC4i (Feb. 2025)
Presenter, Emerging Issues in Education Law, OASSA Legal Update (2024)
Presenter, The Emerging Practice of Student Rights, Legal Shield Pennsylvania (January 2025)
Presenter, School Choice and Ohio Scholarships, American Academy of Matrimonial Lawyers, Ohio Chapter (October 2024)
Panelist, Back-to-School Panel Discussion, Ohio Guidestone (August 2024)
Presenter, Title IX Procedures in k12 Schools, OASSA Legal Update (2024)
Presenter, Negotiation Tips & IEP Team Building, AW Student Rights Conference, Ohio and Michigan (July 2024)
Presenter, Student’s Point of View: A Different Perspective on Student Challenges, AW Student Rights Conference, Ohio and Michigan (July 2024)
Presenter, Know Your Rights: Education Records Laws in the Context of Public Records, AW Student Rights Conference, Ohio and Michigan (July 2024)
Co-Presenter, Title IX Sex-Based Harassment; School Obligations, AW Student Rights Conference, Ohio and Michigan (July 2024)
Co-Presenter, School Choice, Open Enrollment, & Special Ed Scholarships, AW Student Rights Conference, Ohio and Michigan (July 2024)
Presenter, Title IX School Leader - Admin Training, Achievement First Schools, Rhode Island and Connecticut (July 2024)
Presenter, Title IX Investigator Training, Twin Rivers Unified School District, California (January 2024)
Presenter, Title IX Coordinator Training for k12 Coordinators, Title IX Solutions, Rifle, Colorado (November, 2023)
Presenter, A Slightly Different [Student] Perspective, Ohio School Resource Officers Association, Advanced Training Course (2023-2025)
Presenter, NJ Educators Title IX Training, A Partnership for Change, New Jersey (November, 2023)
Presenter, Title IX Basics for Student Rights Attorneys, AW Student Rights Conference (June, 2023)
Presenter, What HS Students Need to Understand About the School Environment, Student Leadership Summit(s), We Thrive Together, Cincinnati + Toledo, Ohio (October-November 2023)
Presenter, Threat Assessments + Restraint, OASSA Legal Update (2023)
Does Ohio’s EdChoice Voucher System Put Public Education at Risk?, JUSTUS Podcast (July 2023)
Parents Seek Advocates as Schools See Uptick in Individualized Education Plans (Henry, Cols Dispatch, 2023)
The Experiment of Charter Schools, JUSTUS Podcast (June 2023)
Presenter, Transgender Issues in k12 Education, OASSA Legal Update (2022)
Presenter, The Family Educational Rights and Privacy Act, OASSA Legal Update (2021)
OSU Requires Speedy Reporting of Domestic Violence Charges (Dayton Daily News, Aug. 2, 2018)
Author, K-12 Students: 3 Things to Do if You Are Suspended or Expelled (2020)
ICE and Homeland Security Directive on F1 and M1 Visa Holders (M. Weiker Video Comments, July, 2020)
Author, FMLA Leave May be Available to Parents to Attend IEP Meetings (2020); AW Legal Blog (2020)
Public School e-Learning During COVID-19, College Liftoff Podcast (2020)
Author, Community Schools Operate Under Non-Profit Sponsorship, OSBA Law You Can Use (2015)
Author, The Basics on Public Schools in Ohio, OSBA Law You Can Use (2015)
Author, Private School Is Option for Ohio Students, OSBA Law You Can Use (2014)
Author, Online Schools Operate Independently of School Districts in Ohio, OSBA Law You Can Use (2013)
Author, Online Schools Under the Microscope (ECOT), Ohio State Bar Association Video, Law You Can Use (2018)
Author, Homeschooling Provides Alternative to Traditional Public Schools, OSBA Law You Can Use (2014)
Author, What You Should Know Before Making a Public School Donation, OSBA Law You Can Use (2013)
Author, Student Education Records are Protected Under FERPA and Ohio Law (2017)
Contributor, Accommodating Employees with Diabetes (2013)
Contributor, Language-Based Discrimination
Author, Joint Vocational Schools are Public in Ohio, OSBA Law You Can Use (2013)
Author, Law Balances Student Record Access and Privacy, OSBA Law You Can Use (2014)
Seminars/Clinics for Elementary, Middle and High School Students
Contributor, Kid-Preneur Workshop (ages 8-14; 2020)
Presenter, Pre-High School Primer for MS Students (2019-2020)
Presenter, Pre-College Primer for HS Students, re Academic Misconduct, Sexual Consent, Alcohol and Drugs, Sexting (2019-2020)
Presenter, The Power of Autonomy (2012)
Presenter, The Importance of Making Mistakes (2013)
Contributor, 4 Steps to a Successful Negotiation; Hint: It Starts with Listening (2014)
Presenter, The Handshake Clinic (2015)
Recent Representative Cases*
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Negotiated severance package for a tenured teacher, including frontpay, helping the teacher transition to a new career.
Secured significant severance payment for university faculty whistleblower after she was retaliated against for reporting compliance violations in her professional program.
Represented a university administrator through an employment matter that resulted in six months of severance pay and an agreed-upon civil separation from her department.
Advised a college dean through dismissal of a university Title IX investigation following a colleague's false complaint of discrimination.
Negotiated severance equal to 1-year salary, plus benefits for faculty member voluntarily departing public university.
Achieved the outcome of a "warning letter" (the equivalent of no formal discipline by the State Board of Education) for an educator/coach following a licensure investigation initiated when the educator was falsely accused of favoritism and of bullying student-athletes
Represented university faculty member and athletic department administrator through a Title IX investigation resulting in a decision of not responsible and full reinstatement to his position.
Following claims filed in the Ohio Court of Claims, achieved reinstatement, full backpay and reimbursement of attorney fees for a professor improperly dismissed by a state community college.
Helped retiring educator secure thousands in severance pay that had been withheld by public school district employer for several months.
Won a termination hearing and obtained reinstatement and backpay for a talented and respected school principal who was wrongfully terminated for a harmless prank.
Successfully avoided licensure misconduct charges for a substitute teacher by demonstrating in a hearing that the restraint applied by the teacher to a combative high school student was appropriate under the circumstances.
Settled employment discrimination lawsuit in favor of wrongfully terminated employee, including $120,000 in back wages.
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Successfully appealed and removed 1-year athletic participation penalty issued by the Ohio High School Athletic Association (OHSAA), immediately restoring eligibility for a high school student-athlete
Litigated and settled federal Title IX and childhood sexual assault claims on behalf of 6 former student-athletes against a school district, administrators and coaches.
Restored eligibility for a high school basketball player who was denied special education support services and, as a result, was wrongfully removed from the basketball team.
Obtained settlement in a state court case brought against a private school after the school improperly dismissed an elementary student because of the student’s disability.
Filed and settled a due process complaint for a student who was expelled from school for behavior that was a manifestation of his disability.
Achieved athletic reinstatement for a high school volleyball player who was inappropriately removed from her team for practicing while she was possibly positive for Covid-19 (unbeknownst to her).
Obtained private settlement for special education student sexually assaulted on high school property by an older student.
Achieved immediate reinstatement for a high school student who was wrongly accused of participating in a fight, using evidence establishing that the student was stalked and harassed — and then defended herself when attacked.
Successfully appealed an expulsion for a high school student who was improperly disciplined for behavior that was a direct manifestation of her disability (ADHD).
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Obtained immediate reinstatement and graduation for a professional student with Tourette Syndrome who was accused of having a verbal outburst during and after a final exam and initially dismissed from the program.
Successfully defended university student against academic misconduct charge after she was incorrectly accused of allowing another student to look at her answers during an exam.
Reached settlement with state university in federal court after nursing student was improperly dismissed from the program because of her disability.
Achieved a “not responsible” outcome for a foreign undergraduate student accused by a state university of taking exams for other students.
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Served on a panel of arbitrators to help resolve a contract dispute between two education-related organizations.
Served as an expert witness and compiled a written expert opinion on whether a high school was required by law to graduate a sophomore student who had completed all credits needed to graduate (early).
*The results shown are not necessarily indicative of the results that could be expected in any other matter, as the circumstances of each case are unique and involve multiple factors to consider along with possible outcomes.
“I would recommend Mark Weiker to anyone looking for an excellent attorney. Mark genuinely cared about me and my situation and put everything he had into my case. His timely responses and flexible availability were far beyond my expectations. Working with Mark was a great experience, and I am truly grateful to have had him on my side.”