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Winning the Battle but Losing the War: Student Wins on Contractual Grounds but Court Denies Title IX Claim

| Felice Duffy | Title IX, Title IX : News

A nursing student who was mistreated by her school won $1.7 million in damages in a lawsuit against the school. But this win feels like a loss in many ways for Title IX advocates. Not only did the court reject the student’s efforts to assert her Title IX rights, but they may also have established …

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What are the Consequences of Not Reporting Sexual Misconduct?

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

Sexual misconduct can be hard to acknowledge and even hard for some people to recognize. Standards in society have shifted dramatically in recent decades, and conduct that was once considered merely in poor taste is now blatantly illegal. Other forms of sexual misconduct such as sexual assault used to be commonly ignored or downplayed on …

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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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