Insights & News

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 […]

By: Jared J. Roberts Today’s political climate, while often tedious and downright hostile, has had one positive outcome: More people are now involved in our elections process than ever before. This includes new people wanting to get involved and run for Congress. People who had never thought a Congressional run to be possible before but are now inspired to get involved and help make a change. If you are one of these people, you should consider talking with an election law lawyer before you do anything else. When running for United States Congress, there are many rules you, the candidate, […]

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 […]

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 […]