Title IX prohibits sex-based discrimination in education programs or activities that receive federal financial assistance. Public schools are clearly subject to Title IX requirements, but applicability to private schools is less clear. If a private school receives federal financial assistance, it is subject to Title IX, thought there are certain…
Major changes in Washington’s civil protection order laws took effect July 1, 2022. The changes were intended to update and harmonize laws related to civil protection orders. Civil protection order laws are now consolidated under RCW 7.105. Under the new law, rules and procedures will be more standardized across the…
Courts must have jurisdiction over the cases they hear. A husband recently challenged the jurisdiction of the Washington court that dissolved his marriage. To petition for divorce in Washington, the petitioner or their spouse must be a resident of Washington. RCW 26.09.030. Washington courts have held that this means a…
To convict a defendant of Washington harassment, the state must show that the defendant knowingly threatened to cause bodily injury, physically damage someone else’s property, or physically confine or restrain another person, without the authority of law, and placed the threatened person in reasonable fear that they would carry out…
The U.S. Department of Education released a new proposed Title IX rule for public comment on the 50th anniversary of Title IX. This proposed rule has been highly anticipated, and as expected, reverses some of the changes made in 2020. The proposed rule broadens the scope and application of the…
Washington’s Drug Offender Sentencing Alternative (“DOSA”) program provides substance use disorder treatment and community treatment to people with a substance use disorder who have committed certain crimes. A DOSA sentence reduces or eliminates the time a person must spend in jail or prison if they complete the treatment and comply…
Washington domestic violence cases often involve allegations the defendant took or damaged the alleged victim’s phone. Taking a phone in such circumstances may result in charges of interfering with reporting domestic violence, but it can also result in theft charges. Given the ever-increasing price of mobile phones, those theft charges…
Washington spousal maintenance generally ends if the spouse receiving then maintenance remarries. In some cases, however, the parties may agree or the divorce decree may provide that maintenance continue beyond remarriage. In a recent unpublished case, a former husband challenged a court order that maintenance continue even after his wife’s…
A preliminary injunction can prevent a university from implementing Title IX sanctions against a student while a lawsuit is pending. To obtain a preliminary injunction, the plaintiff must meet certain criteria, including showing a likelihood of success on the merits, a lack of adequate remedy at law, and a likelihood…
The Fifth Amendment of the U.S. Constitution protects individuals from being put in jeopardy more than once for the same offense. The Washington State Constitution also protects Washington criminal defendants from double jeopardy. Many people think of the double jeopardy doctrine as preventing a person from being charged with the…