Sometimes when a student has suffered severe disciplinary action following an unfair Title IX investigation and disciplinary proceeding, they may pursue their own Title IX claim against the school. A federal court in Arizona recently considered a motion to dismiss a male student’s Title IX, § 1983, and state law…
In most cases, a person protected by a Washington civil protect order wants the order and limitations it provides. A vulnerable adult protection order, however, is commonly sought by someone else on behalf of the vulnerable person, and in some cases, the allegedly vulnerable person may object to the order. …
In an appropriate Washington drug case, drug court can allow a participant to obtain treatment and have criminal charges dropped. The drug court program requires the participant to obtain treatment, submit to drug testing, and comply with a number of other requirements. Failure to comply with the drug court agreement…
In some cases, circumstances change after a court orders child support. A Washington child support order may be modified if there has been a substantial change in circumstances, if it has been a year or more since the order was entered and it causes a “severe economic hardship. . .”…
A federal court in South Carolina recently granted a university’s motion to compel arbitration of a case involving a former student’s claim arising from his suspension after being accused of sexual harassment and stalking. The plaintiff was a former student at the South Carolina campus of a for-profit university. He…
Washington law affords juvenile suspects additional protections. RCW 13.40.740 which became effective on January 1, 2022, requires law enforcement to “provide a juvenile with access to an attorney for consultation” in certain circumstances, including a custodial interrogation, before they waive any constitutional rights. A juvenile’s statements made under those circumstances…
The Washington Supreme Court recently considered a case in which a resentencing court declined to consider the defendant’s youthfulness at the time he committed the crime. According to Court’s opinion, the defendant pleaded guilty to second degree murder for a crime that occurred when he was 18 years old. His…
The court in a Washington divorce case has broad discretion in characterizing the parties’ assets. Characterization is determined as of the date of acquisition and generally does not change. Separate property continues to be separate while it can be traced or identified. Property acquired during the marriage may be separate…
Students who experience disciplinary action resulting from Title IX allegations sometimes file their own Title IX lawsuit against the school, alleging the investigation and disciplinary process was discriminatory. In addition to Title IX claims, they may file equal protection, breach of contract, and other claims. In a recent case, school…
School authorities may search students and their property in circumstances that the police could not. In a recent case, a juvenile challenged a juvenile court adjudication of knowingly possessing cannabis after a school district safety coordinator searched his vehicle. According to the appeals court’s unpublished opinion, the school district security…