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Category: Title IX

Title IX Burden of Proof in the Wake of the 2011 “Dear Colleague Letter”

Title IX By Binnall Law Group - 2019/12/20 at 09:57pm

If you or a loved one has been accused of Title IX sexual misconduct, then this could lead to an investigation that could lead to significant negative ramifications — not only could there be academic penalties that include expulsion, but you could be forever-gained with the label of a sex offender in your community (despite your innocence) due to the loose standards and procedures typical of a Title IX dispute. For the most part, Title IX investigations did not lead to particularly egregious outcomes until 2011, when the Obama Administration released the “Dear Colleague Letter,” which served as new guidance […]

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Common Strategies in Defending Against a Title IX Accusation

Title IX By Binnall Law Group - 2019/11/29 at 09:52pm

If you or a loved one is facing an accusation of sexual misconduct pursuant to Title IX, then it’s reasonable to be concerned about the outcome — a Title IX case can lead to significant academic penalties (such as expulsion, suspension, and/or mandatory counseling) and if a guilty verdict is reached, then the accused student may be labeled as a sex offender, a stigma that could have a negative impact on their ability to integrate into normal society and even secure a thriving career into the future. Confused about the accusations and what comes next?  Contact a Title 9 attorney […]

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Fairfax County School District Accused of Violating Right to Due Process in Sexual Misconduct Cases

Title IX By Binnall Law Group - 2019/05/31 at 02:41pm

In the past few months, three separate federal lawsuits have been brought against the Fairfax County School District (the tenth largest public school system in the country) for mishandling sexual misconduct investigations against accused students, for wrongfully punishing the accused, and for failing to ensure due process of law. By way of example, in one of the cases (that our firm is currently handling), the 18-year old male plaintiff witnessed a female student being slapped on the buttocks while in the school hallways.  The female student filed a complaint, and further accused the plaintiff of having sexually harassed her in […]

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New Threat: Paper Wants to Publish Title IX Sex Offender Registery

Civil Rights and LibertiesTitle IX By Binnall Law Group - 2018/07/13 at 01:50pm

The law of “unintended consequences” – the actions of people and government have effects that are unanticipated – may well be on vividly harsh display shortly for Title IX. Among other things, the law requires schools, colleges and universities that receive federal funding to investigate claims of sexual harassment and assault against students. But depending on the outcome of a lawsuit currently on appeal in North Carolina, Title IX might end up being used to create a de facto “sex offenders” list at the University of North Carolina at Chapel Hill despite there being no trials or due process for […]

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civil litigation, civil rights, Student Conduct, Title IX