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Category Archives: Title IX : Sexual Assault/Misconduct

When a Student Transfers, How Do Sanctions at One School Impact Athletic Participation at the Next School?

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

Student athletes who are unhappy with the playing opportunities or team environment at one school often transfer to another to find a program that better fits their needs. But sometimes, student athletes change schools for another reason. They may choose—or be forced—to leave a school because of findings of wrongdoing. In some high-profile cases, the …

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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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Drinking and Consent in Title IX Cases

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

Drinking is pretty common on college campuses, and so is sex. Unfortunately, it is also becoming common for students having sex to claim later that they were raped because they were too drunk to consent. Then they file a Title IX case for sexual assault. How does drinking affect a Title IX case? Does it …

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Title IX No-Contact Orders: Here’s What You Need to Know

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

A No-Contact Order—which a Title IX lawyer will often refer to as an “NCO”—is commonly issued by colleges after someone has made a complaint of sexual assault or harassment. The complaint initiates a lengthy Title IX investigation and other processes that usually take considerable time to resolve. This means that an NCO can be in …

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