We are excited to announce distinguished Title IX attorney Felice Duffy has joined the national Title IX powerhouse law firm of Nesenoff & Miltenberg LLP.
CALL US 24/7 AT 212-736-4500

Nesenoff & Miltenberg Search Results

Category Archives: Title IX : Sexual Assault/Misconduct

What are Consent and Incapacitation?

| Author: Andrew Miltenberg | 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 …

Continue reading "What are Consent and Incapacitation?"

Drinking and Consent in Title IX Cases

| Author: Andrew Miltenberg | 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 …

Continue reading "Drinking and Consent in Title IX Cases"

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

| Author: Andrew Miltenberg | 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 …

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

False Accusations Under Title IX

| Author: Andrew Miltenberg | Title IX, Title IX : Sexual Assault/Misconduct

Title IX is a federal statute that requires educational institutions that receive federal funding to ensure that sexual harassment and sexual violence do not interfere with their students’ education and well-being. Although enacted with the intention of protecting students, faculty members, and staff on campuses across the country, Title IX does not always operate that …

Continue reading "False Accusations Under Title IX"

Does the Definition of Sexual Harassment Differ from School to School?

| Author: Andrew Miltenberg | Title IX : Sexual Assault/Misconduct

In 1972, Congress passed a comprehensive federal civil rights law known as Title IX, that prohibits sex discrimination, including sexual harassment, in education. This law applies to both students and staff of educational institutions and programs that receive federal funding, including not only local school districts, but also colleges, universities, and for-profit schools. To learn …

Continue reading "Does the Definition of Sexual Harassment Differ from School to School?"