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Category: Title IX

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

Title IX By Harvey Binnall PLLC - 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 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

What is Title IX and How Does It Affect Your Son or Daughter?

Title IX By Harvey Binnall PLLC - 2018/05/08 at 07:06pm

Title IX is a federal law dating back to 1972 that prohibits discrimination based on gender in providing access to facilities and programs at schools that receive funding from Washington. It also bans all forms of sexual violence, mandating an investigation that can lead to suspension or expulsion from school, and even the possibility of criminal charges being brought by police. The process for handling a Title IX violation varies from one school to another because they are not a criminal proceeding. However, when an allegation is made, schools and other education programs must launch an “independent investigation” into whether […]

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