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Using Digital Evidence in a Title IX Case

| Author: Nesenoff & Miltenberg, LLP | Title IX

When someone files a formal Title IX complaint against a student or member of the faculty or staff on a college campus, that usually triggers a formal investigation and adjudication process. If the allegations turn out to be serious, such as when a student is accused of sexual assault, a great deal of attention may …

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Title IX Rules Revert Back to 2020 Status: What Does That Mean?

| Author: Nesenoff & Miltenberg, LLP | Title IX

The Trump administration wasted no time sending a message about many of the Title IX policies implemented by the previous administration. Among the numerous executive orders released on Inauguration Day, Executive Order 14168 essentially declared that Title IX protections did not extend to discrimination on the basis of gender identity. Then, before the month was …

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Why It’s a Good Idea to Work with a Lawyer for All Campus Disciplinary Proceedings

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX: Procedure

In an era where virtually anything we do can be recorded on someone’s phone, posted online, and remain accessible forever, there’s no such thing as an “old” problem. Nothing is forgotten. Poor decisions from the past can be revisited by new audiences time and again. When you understand that risk, it’s easier to see why …

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Fourth Circuit Establishes Due Process Right to Cross-Examination in University Disciplinary Hearings- Jacob Doe v. UNC, et al.

| Author: Nesenoff & Miltenberg, LLP | Title IX, Title IX : News

In a lawsuit brought by Nesenoff & Miltenberg, LLP on behalf of a male student against the University of North Carolina and several of its administrators, the Fourth Circuit recently established a due process right to cross-examination in the university disciplinary context. The plaintiff, Jacob Doe, a former student of the University of North Carolina …

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What is the Title IX Special Investigations Team?

| Author: Nesenoff & Miltenberg, LLP | Title IX

The Trump administration recently announced the launch of a “Title IX Special Investigations Team.” Given the flurry of declarations and the push to follow through on campaign promises, it can be challenging to ascertain the effect an initiative like this will have. Title IX enforcement has been fraught with uncertainty in the past 12+ months, …

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