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Category: Civil Rights and Liberties

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

Civil Rights and LibertiesTitle IX By Harvey Binnall PLLC - 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

Many Title IX Officers Trample Students’ Due Process, Other Constitutional Rights

Civil Rights and LibertiesTitle IX By Harvey Binnall PLLC - 2018/07/13 at 01:13pm

This is a terrifying yet very real case study in how easily universities and other schools use Title IX to abuse the Constitutional rights of students accused of sexual misconduct including denying due process, the right to confront and question an accuser, and the right against self-incrimination. When former Houston Texan football player Keith Murphy was a student at Michigan State University, a female student he knew accused him of sexually assaulting her. Under Title IX the school was required to investigate or risk losing federal funds. Operating (initially) without an attorney, Murphy voluntarily provided text message evidence of a […]

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civil litigation, civil rights, Student Conduct, Title IX

Does Your City or State’s Sign Regulations Violate the Constitution?

Civil Rights and Liberties By Harvey Binnall PLLC - 2018/01/09 at 09:25am

In 2015 the Supreme Court struck down the sign ordinance of the small town of Gilbert, Arizona. In that case, a pastor of a local church sued to overturn the town’s regulations of signs that preferred specific types of signs over the church’s signs. The Supreme Court agreed with the pastor and in Reed v. Town of Gilbert, it held that when a sign ordinance is not content neutral, i.e. when what is printed on the sign will have some effect on whether or not it is allowed or given special treatment, then the ordinance must meet the high burden […]

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civil rights, constitutional law, First Amendment, freedom of speech, political law

6th Circuit: Accused Student Entitled to Confront Witnesses in Disciplinary Proceeding

Civil Rights and Liberties By Harvey Binnall PLLC - 2018/01/01 at 12:00am

The story is becoming increasingly familiar: a college student is accused of violating a school conduct policy and then railroaded through a disciplinary process without anything approaching traditional notions of due process. When the allegations involve sexual misconduct or sex-based discrimination under Title IX, the proceedings are often even more skewed against the accused. The 6th Circuit Court of Appeals, however, said that the University of Cincinnati went too far when it denied an accused student’s right to cross-examine his accuser. In Doe v. University of Cincinnati, a college student, identified as John Doe, was accused of violating the student […]

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