Title IX, Gender Equity & Student Conduct Code Blog
Duffy Law
What Are the Most Common Procedural Errors Made by Schools in Their Disciplinary Processes?
| Felice Duffy | Title IX, Title IX: Procedure
When a school commits a procedural error during a disciplinary process on campus, that error can often provide grounds for an appeal, potentially overturning the original decision. That makes it very important to recognize procedural errors in any type of disciplinary proceeding, whether an alleged violation involves a serious offense such as sexual assault in …
Can My College Discipline Me for Marijuana if it’s Allowed Under State Law?
| Felice Duffy | College Code Violations, Student Rights
According to a survey conducted by the American College Health Association and reported in the spring of last year, over 58% of college students admit to smoking marijuana or using cannabis in another form. The U.S. government says that nearly 8% of college students report using marijuana on a daily basis. However, over 20 states …
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Do I Need to Worry About the Proposed New Rules if I’m Facing a Title IX Complaint?
| Felice Duffy | College Code Violations, Title IX
Rules for filing and handling Title IX complaints have shifted drastically in recent years, and they are set to change yet again. The key question is just when those changes are coming. The Biden Administration issued proposed new rules in June of 2022 on the 50th anniversary of Title IX. They accepted comments and expected …
Texas Lawsuit Challenges Title IX Policies Protecting Transgender Students
| Felice Duffy | Student Rights, Title IX
In the nation’s deeply-divided political climate, many of the policies of the Biden Administration do not sit well with the government of the State of Texas. The 50th lawsuit filed by the State of Texas against the Biden Administration challenges the Administration’s interpretation of Title IX with respect to transgender students. Ken Paxton, Attorney General …
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California Court Says There’s No Right to Cross-Examine Accusers in Title IX Cases
| Felice Duffy | Title IX
Not long after Connecticut’s highest court emphasized the problems caused by the lack of opportunity to meaningfully cross-examine adverse witnesses in a Title IX case, the highest court in California has reached a somewhat different conclusion. In Boermeester v. Carry, the California Supreme Court reversed a lower court ruling and declared that private universities are …