Allen Law Blog

What Happens if You’re a Faculty Member Accused of Misconduct? Can Title VII Protect You?

Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate impact, mixed motive discrimination, and retaliation. Create a Paper Trail…

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Trauma and the Daubert Standard

Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern District of Ohio, and District of New Jersey. Even where…

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Just Say No to School Rules that Discriminate against Users of Medical Marijuana

If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New York and Massachusetts, give licensed users of medical marijuana protections…

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Five Big Myths About Title IX and Your Education Rights

When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination.  Title IX is part of the 1972 Education Amendment, enforced by the U.S. Department of Education’s…

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The ABA Just Rejected “Affirmative Consent” Rules for Sexual Assault

Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association just rejected a proposal to incorporate “affirmative consent” into American criminal law.  There are three take away points for campus rules regulating sexual assault and Title IX enforcement:  “Affirmative consent” rules lie far outside the mainstream of American justice, despite their almost universal…

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How to Stop Cyberbullying by Defending Yourself

In a Cyberbullying attack, the aggressor’s objective is to harm the credibility of the victim and damage their psychological well being, but the Cyberbully’s aim is also more than personal. They seek to damage the reputation and social standing of the victim in the community at large. Cyberbullies are known to hide behind screens of anonymity on social media platforms….

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Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case

Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male student who sued Purdue under Title IX for discriminating against…

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What Happens If You Get Charged With Student Misconduct?

As a student at the university level, conduct is as important as academic excellence. While you are on your journey to becoming a professional and an adult, you may have found yourself in a situation that warrants learning more about student misconduct. Unfortunately, situations arise where a student fails to meet the ethical standards or code of conduct put in…

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New Title IX Statistics Show Saying “No” Works

Arguments over statistics and Title IX are nothing new, but researchers rarely focus on what is effective in preventing sexual assault. Now a recent study by social scientists at Columbia University suggests an effective way to counter sexual assault on campus along with student misconduct policies and Title IX. The Columbia study shows that learning how to say “No” to…

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High School Opts to Segregate Swimmers by Sex, Risks Violating Title IX

In February, a male swimmer from Fishers, Indiana was allowed to compete in the state swimming championship meet despite three accusations of sexual harassment by female members of his own swim team. At most high schools, boys’ and girls’ swimming teams practice together and compete at the same meets. But the reason he was allowed back into the pool was…

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