Allegations of Title IX violations against a student in Washington can have far-reaching consequences. As an example, in a recent case, a male student sought to enjoin his medical school from enforcing an expulsion for allegedly misrepresenting the results of a Title IX allegation in an application to the university’s…
The Department of Social and Health Services (DSHS) has the authority to enforce a Washington child support obligation. If there is no child support order, DSHS may serve a notice and a finding of financial responsibility (“NFFR”) on the responsible parent. If the parent objects, the parent’s past liability and…
Juvenile defendants may have the option of “deferred disposition.” In a deferred disposition, the defendant does not contest the state’s facts. If the court finds the statement of uncontested facts is sufficient, it finds the defendant guilty. Disposition, however, is deferred pending satisfaction of the conditions ordered by the court. …
Title IX law is currently in a state of flux. New regulations went into effect in 2020 significantly increasing due process protections for students accused of Title IX violations. The president-elect, however, has reportedly expressed an intention to change those regulations. Courts have also played a part in the changes…
After the U.S. Supreme Court determined that mandatory life sentences without the possibility of parole for juveniles was unconstitutional, the state of Washington enacted a statute requiring the re-sentencing of Washington criminal defendants who had been sentenced to life without the possibility of parole for crimes committed while they were…
Although the preamble to the new Title IX regulations states the regulations do not apply retroactively, a Temporary Restraining Order issued by a New York federal court recently raised questions about retroactive application. The court has recently rendered a much more detailed opinion on the issue of a preliminary injunction…
Before awarding Washington spousal maintenance, a court must consider certain factors. Those factors include the financial resources of the spouse requesting maintenance; the time it would take that spouse to get the necessary education or training to find appropriate employment; that spouse’s age, physical and emotion conditions, and financial obligations;…
The court must characterize property as community or separate when distributing property in a Washington divorce. Character is generally determined when the property is acquired. When a spouse acquires property before the marriage, that property is presumed to be separate property unless there is sufficient evidence of an intent to…
A person who repeatedly violates a Washington protection order may be charged with a felony. Violation of certain protection orders is a class C felony when the defendant has at least two previous convictions for violating a protection order. RCW 26.50.110(5). The defendant in a recent case appealed a felony…
The Family Educational Rights and Privacy Act (“FERPA”) protects the privacy of “education records.” FERPA does, however, allow a college or university to disclose to the alleged victim the final results of a disciplinary proceeding related to a crime of violence or a nonforcible sex offense. FERPA further states that…