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. 

To understand the Violence Against Women Act and how it relates to Title IX, it’s best to have a brief understanding as to each. The Violence Against Women Act is a federal law that has expanded the rights of campus sexual assault survivors who have experienced sexual assault, domestic violence, dating violence, and stalking. Title IX law, in part, is a federal law that’s intended to prevent and address campus sexual misconduct. An accused student has limited rights to begin with. So a concern with the Violence Against Women Act is that the accused student, for example, if it’s a male, has lesser rights yet or more concern that a case would be say vigorously and aggressively pursued by the school. Because of this concern, although Title IX may be well intended, there’s an unfortunate dynamic behind Title IX. The complainant’s interests are often aligned with the school’s. The respondent’s interests are often considered last if at all. An accused student needs to have an experienced attorney advisor in their corner from the start of the process to make certain that their rights are protected.

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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 […]