Skip to Content

Insights & News

Category: Title IX

The Title IX Process Under the 2020 Regulations

Title IX By Binnall Law Group - 2022/07/28 at 03:14pm

By: Ben North The 2020 Title IX Regulations have a very strict process that schools must follow after receiving notice of an allegation of alleged sexual harassment (which includes allegations of sexual assault, stalking, domestic violence, and dating violence). These rules are codified at 34 C.F.R. §106.45. The process begins when an accuser (referred to as the “Complainant”) decides to report allegations of sexual assault, sexual harassment, or some violation under Title IX. The allegations may be reported directly to the school’s Title IX Coordinator or to a faculty or staff member designated who has the authority to institute corrective […]

Read More

The Warping of Title IX: How Title IX has been Weaponized, Contrary to its Intended Purpose, Since its Passing 50 Years Ago

In The NewsTitle IX By Binnall Law Group - 2022/06/27 at 10:58am

By: Ben North and Eamon McCarthy Earls This week marks the 50th anniversary of Title IX of the Education Amendments of 1972. Enacted as a follow up to the 1964 Civil Rights Act, Title IX was intended to prevent sex discrimination in federally funded education programs. Senator Birch Bayh, one of the primary proponents of the bill, said that Title IX was intended to “close [a] loophole” left by the Civil Rights Act.  Title IX is well known for its huge impact on sports, requiring high schools, colleges, and universities to invest in women’s sports teams and support women athletes […]

Read More

U.S. Court of Appeals for the Fifth Circuit Signals Acceptance of Purdue Standard, in Line with Binnall Law Group’s Amicus Curiae Brief Filed on Behalf of SAVE

In The NewsTitle IX By Binnall Law Group - 2022/04/11 at 05:50pm

By Ben North  On April 6, 2022, the Fifth Circuit heard oral argument in Van Overdam v. Texas A&M University, case No. 21-20185, in which the student-plaintiff appealed the dismissal of one of his Title IX claims as well as the dismissal of his claims for violations of his right to due process. In October 2021, the Binnall Law Group submitted an amicus curiae brief, on behalf of Stop Abusive and Violent Environments (“SAVE”), in support of the student, arguing for a pro-student change in Title IX law. It appears from the oral argument that the judges were supportive of […]

Read More

What A Title IX Defense Attorney Wants You to Know About Title IX No Contact Orders

Title IX By Binnall Law Group - 2021/12/31 at 07:00am

When a student accuses someone of a Title IX violation, the school can impose a “no contact” order (NCO) on the person accused of the violation. Some colleges refer to these as No Contact Directives or another term. NCOs may be accompanied by other restrictions that can have a broad reach and make life confusing and difficult for the person facing allegations. It is important for accused students to understand their rights and know how to act when an order is imposed. If they say or do the wrong thing, it could seriously harm their case and leave them open […]

Read More