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.

A student can defend a sexual assault or rape charge by taking the necessary precautions as early as possible in the process. Do not speak to the school or others without taking these precautions, too much is at stake. Speak to your family, let them know what’s going on. Do not speak to the school. Do not speak to friends or classmates or campus police for that matter. Too much is at stake. Schools, they’re often in a rush to judgment. They do not have an accused student’s rights and interest in mind and at times they unfortunately do not play by their own rules.

Relevant evidence that can help exonerate or can dispute the allegations such as text messages, social media posts, pictures, videos, emails, a toxicology report if consent is an issue can be obtained, a forensic evaluation, a polygraph examination. All of these steps need to be taken. Witness statements, also. All these steps need to be taken to dispute the allegations because so much is at stake. An experienced attorney advisor can help navigate the process, can help prepare relevant evidence and can help defeat potentially allegations of sex assault or rape on campus.

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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 […]