A no contact order is often imposed in a Title IX case almost universally. A no contact order is, as the name implies, it’s an order from the school or requirement from the school that a student or another party, say, a professor, university staff, whatever the case may be, not have contact with another party. It’s often the accused who may be subject to a no contact order, but sometimes it could be mutual where a school, while a case is pending before there’s any finding, say, would impose a mutual no contact order so as to not rush to judgment in a sense that it’s only against an accused party. That’s arguably the exception and not the rule, though. Often, it’s the accused party who subject to the implications of a no contact order in a Title IX case. An experienced attorney advisor can help you understand what’s appropriate regarding a no contact order and can help you best respond to a Title IX case.

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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 […]