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Category: Title IX

I am a Title IX Respondent – Can I Cross Complain?

Title IX By Binnall Law Group - 2022/10/24 at 12:09pm

By Lindsay McKasson                    Depending on the facts and circumstances of the situation, you may be entitled, and indeed it may require good strategy, to cross complain against the complainant in a Title IX proceeding. For instance, if you were under the influence at the time of the alleged encounter, it may be the case that you were unable to consent to a sexual encounter. Another example is if you said “no” or “I do not want to” and the complainant continued to try to engage in sexual activity with you despite […]

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Biden Administration’s Proposed Title IX Regulations Public Comment Period Set to Close Today: 3 Days After Falsely Accused Day 2022

In The NewsTitle IX By Binnall Law Group - 2022/09/12 at 10:39pm

By: Ben North          This year’s Falsely Accused Day, September 9, came only days before the public comment period is set to close – today – for the Biden Administration’s Proposed Title IX Regulations. On Falsely Accused Day, we remember that the capacity for dishonesty is part of the human condition and why it is important to trust the evidence in any dispute between two people. Whenever systems are arranged so that parties to a dispute have no power to advocate for themselves, the risk and incentive for false accusations increase. Unfortunately, that is exactly the kind […]

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The Title IX Process Under the 2020 Regulations Explained by a Title IX Attorney

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 […]

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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 […]

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