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Author Archives: Felice Duffy

What are Consent and Incapacitation?

| Felice Duffy | Title IX, Title IX : Sexual Assault/Misconduct

Students who engage in sexual activity on or off campus must ensure that their partner consents according to legal standards. No one can give consent when they are incapacitated. Those rules are clear. Failure to abide by them leaves students open to Title IX complaints and potential criminal or civil liability. What is not always …

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Impact of the Tracy Rule for NCAA Student Athletes

| Felice Duffy | Title IX : Athletics

It’s natural to want a fresh start. But sometimes, our society finds that a person’s actions make them so dangerous to others that we cannot afford to give them a second chance. The “Tracy Rule” sets the bar to determine when student athletes are past the point of no return. It describes the circumstances that …

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Choosing a Campus Advisor for a Title IX Proceeding

| Felice Duffy | Title IX

Whether you are the complainant or the respondent in a Title IX campus proceeding, you are entitled to work with an advisor, who can be a lawyer. Your advisor can provide support on all levels, so choosing an advisor who will furnish this essential support for your particular case is important. How do you select …

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How to Cope with the Stress of Title IX Allegations

| Felice Duffy | Title IX

Many members of the general public only hear about Title IX in connection with sports. They know people disagree over what schools need to do to satisfy their obligations to provide equal opportunities for student athletes. And they know students file lawsuits, and sometimes, schools change their policies. But these people have no idea that …

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Can a Lawyer Help with a Campus Title IX Proceeding?

| Felice Duffy | Title IX

Title IX campus proceedings run according to policies set by the individual college or university. Federal law requires schools to permit a complainant or respondent to have a lawyer as an advisor in Title IX cases. There may be cases with the same facts, such as alleged sexual assault occurring in an off-campus student’s dorm, …

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