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Title IX and Student Misconduct

In the September 2017 Q&A on Campus Sexual Misconduct guidance, the United States Department of Education’s Office for Civil Rights (OCR) made an important, if not obvious statement:   “In every investigation conducted under the school’s grievance procedures, the burden
There have been some interesting developments following the Department of Education’s  Office for Civil Rights’ (OCR) September 22, 2017 withdrawal of two Obama era OCR guidances, including the controversial April 4, 2011 “Dear Colleague Letter”.  Predictably, those who favored the
Those who closely follow developments in the area of Title IX and Clery Act/VAWA law are watching one particular aspect of the Office for Civil Rights’ (OCR) September 2017 “Q&A” guidance with great interest:  The Notice of Allegation instruction contained
On September 22, 2017, in a “Dear Colleague Letter”, Acting Assistant Secretary for Civil Rights (U.S. Department of Education), Candice Jackson, withdrew the statements of policy and guidance reflected in both the “Dear Colleague Letter” of April 4, 2011 and
The issue of transcript notations on the academic record of students found responsible for student code of conduct violations is of immense importance to the affected student, especially if the conduct violation implicates Title IX and/or the Violence Against Women
In the last blog, we discussed the distinction between Title IX and the Violence Against Women Act (VAWA) as it pertains to domestic violence and dating violence allegations on college campuses.  The point was made that these cases are properly
Not every Title IX investigation should be a Title IX investigation. A simple concept, but one which many students and college administrators are likely unaware. Many times, an accusation of dating or domestic violence among college students is investigated as

Campus Proceedings

Posted on August 29, 2017
Category: Title IX
College campuses are equipped to educate students. Education can have numerous definitions and not all lessons are learned in the classroom. Spending time with other students, especially those with different backgrounds, provides lessons unto itself. Universities ought to have the

Due Process

Posted on August 17, 2017
Category: Uncategorized
Today’s entry on the topic of due process serves as a guide. We need only a basic understanding of due process to be able to recognize a situation where it is obviously absent or inadequate. In its most common form
Under the social contract each society must determine what “processes” they will employ when a fellow citizen is accused of wrongdoing. Will they employ steps that first and foremost protect the accused citizen’s status as an innocent person or will

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