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Category: Title IX

Understanding Express Affirmative Consent

Title IX By Binnall Law Group - 2021/07/30 at 01:20pm

Have you been accused of sexual misconduct under Title IX?  If so, you may be feeling a variety of emotions, including confusion and anxiety, about the claims being made against you — especially if you believed at the time that the accuser had actually consented to the sexual conduct at issue. However, if you find yourself in this situation, let our Title IX defense lawyer help you fight the allegations. Many colleges and universities have revised their Title IX rules to require “express affirmative consent” for any type of sexual activity. However, introducing express affirmative consent rules can result in […]

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Title IX Issues: Having a Drunken Good Time Can Affect You in More Ways Than One

Title IX By Binnall Law Group - 2021/07/16 at 04:43pm

Many college students know and understand the importance of obtaining consent before participating in any type of sexual interaction with another individual. Still, on some level, some young adults may not grasp how consent really works, particularly when there is alcohol involved during a sexual encounter. That said, if you have been accused of a Title IX violation involving alcohol, we encourage you to seek legal guidance right away.    Incapacitated or Intoxicated: What’s the Difference? Incapacitation and intoxication are two very different things that can be a bit tricky to identify. For example, a certain level of intoxication could […]

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The NCAA is Not Subject to Title IX Discrimination

Title IX By Binnall Law Group - 2021/06/30 at 08:56pm

Work With an Experienced Title IX Attorney Though the NCAA is fundamentally associated with college athletics, the general public is mostly unaware that they are not always subject to the same regulations as member universities — for example, Title IX. On the surface, one might think that Title IX protects student-athletes from gender inequity and discrimination in the form of disparate programs, sexual assault, and more.  In reality, however, Title IX does not legally bind the NCAA. In fact, case decisions in the 1990s established a regulatory disconnect between the NCAA and Title IX, making it possible for the NCAA […]

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What President Biden’s Executive Order Could Mean for Title IX

Title IX By Binnall Law Group - 2021/05/14 at 10:51am

Work With an Experienced Title IX Attorney On March 8, 2021, President Joe Biden issued an executive order requiring that “all students be guaranteed an educational environment free from discrimination on the basis of sex.”  The executive order also required that the Department of Education review all existing regulations and guidance documents relating to Title IX, and in undertaking this comprehensive review, potentially change rules that are not congruent with the Biden-Harris administration’s overarching policy goals. As of early April 2021, the Department of Education announced its plans to begin this comprehensive review.  But what can we expect going forward?  […]

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