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. 

The consequences can be severe. It will depend on the specific alleged defense. Is the student accused of non-consensual sex, which is rape? Is a student accused of say, touching another student without their consent, touching their breasts or their behind, for example? Is a student accused of oral sex without a person’s consent. So the nature of the offense will potentially dictate the possible sanction if a student is found responsible. Certain kinds of behavior, if a student is found responsible or misconduct, if a student’s found responsible are more likely to result in a specific sanction.

Non-consensual sex, even if there’s no force, 99 out of 100 times will result in an expulsion. Penetration of any kind would result at a minimum in a suspension. If there’s aggravating factors, it would also result in an expulsion. Non-consensual touching of somebody, even if not consensual touching of a person’s breast, it could result in a suspension also. So much is at stake. An experienced attorney advisor should be involved to help navigate the process and to protect your rights.

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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

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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 […]