Title IX law is in constant flux, with new rules and legal challenges continuing to shape how schools, colleges, and other institutions handle sex-based misconduct and discrimination.  Our firm closely monitors these developments and is committed to providing the most current information available. Click here to learn about the current state of Title IX and how we can help if you are facing accusations or other Title IX issues.

Cross examination can and does occur in a Title IX hearing. At schools that at present use a hearing model, cross-examination questions would be prepared. It would be best prepared by the accused student’s attorney advisor at the time of the hearing or say in advance, they would be presented to a third party, a liaison of sorts, say, for example, the hearing chair person who would then pose the questions at the hearing to the accusing party or the accusing parties, witnesses, for example. Cross examination is important. It’s not the end all and be all in terms of achieving a favorable outcome in a Title IX case. It’s another tool in a experienced attorney advisor’s arsenal to attack the accusing party’s credibility and an experienced attorney advisor can help through the process, especially at a Title IX hearing.

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When the SRO (School Resource Officer) is Involved: Why “Educational Discipline” Just Became “Legal Defense”

In the name of student safety, schools are installing School Resource Officers (SROs) on campus. But SROs’ involvement in campus problems also means that incidents at school can now turn directly into criminal investigations. What parents need to know is this: If your child faces discipline because of an incident […]

Can Schools Punish Students for Social Media Posts? The Mahanoy Standard

A frustrated high school cheerleader walks into a convenience store on a Saturday afternoon. She snaps a photo with a friend, raises her middle finger, and posts a profanity-filled message to Snapchat complaining about school and cheerleading. By Monday, she’s suspended from the cheer squad. Most students would assume that’s […]

State > District > School: How Inconsistent Policies Become a Defense in Student Misconduct

The state is greater than the district, while the district is greater than the school. That probably seems like a weird SAT math problem. However, it describes the legal concept of “preemption,” when a higher authority’s law prevents lower authorities from acting inconsistently with the senior law. And preemption can […]

Zero-Tolerance Discipline Policies Can Undermine Students’ Due Process Rights

Colleges and universities have broad authority to maintain campus safety and enforce student conduct policies. However, students accused of misconduct don’t lose their due process rights simply because allegations are serious. At the higher education level, courts have repeatedly recognized that suspension and expulsion can have life-changing academic and professional consequences. As […]