A Title IX complaint can result in severe consequences, including loss of scholarships and dismissal from school. A former student recently sued his military college after he was expelled for alleged sexual misconduct. The plaintiff, identified in the unpublished Fourth Circuit opinion as John Doe, was a student at a…
Seattle Attorneys Blog
Washington Court Concludes No Committed Intimate Relationship after Approximately Six Years Cohabitation
Washington law recognizes “committed intimate relationships,” (“CIRs”) and allows courts to equitably distribute property when people separate after living together in a marriage-like relationship and acquiring property that would have been considered community property if they were lawfully married. In determining if a CIR existed, courts consider a number of…
Washington Appeals Court Affirms New DVPO after Original DVPO Expired
Washington domestic violence protection orders (“DVPOs”) protect abused spouses, romantic partners, and family and household members. The court may order the DVPO for a fixed period of time, in many cases, one year. The petitioner may seek a renewal of the DVPO and, under current RCW 7.105.405, the petitioner does…
Washington Driver Can’t Consent to Search of Passenger’s Backpacks
Evidence obtained through an unlawful search is generally inadmissible in a Washington criminal case. Both the Fourth Amendment to the U.S. Constitution and the Washington Constitution offer protections against unlawful searches. The Washington Constitution provides that “No person shall be disturbed in his private affairs, or his home invaded, without…
Department of Education Delays Final Title IX Rule
In July 2022, the Department of Education (“Department”) proposed Title IX regulations that would undo a number of changes made during the Trump Administration. The final rule was expected to be released this month. The Department recently provided an update, however, stating that the new anticipated date for the final…
Washington Appeals Court Affirms Admission of 911 Call as Excited Utterance
Generally, hearsay is not admissible in a Washington criminal case, unless it meets an exception. Hearsay is an out-of-court statement “offered in evidence to prove the truth of the matter asserted.” ER 801(c). Generally, hearsay is not admissible unless it meets a specific exception. One exception is an “excited utterance.”…
Washington Appeals Court Upholds Deviation from Standard Child Support Calculation
Washington child support is determined based on the Washington State Child Support Schedule. A trial court may deviate from the standard child support calculation when it would be inequitable not to do so. The trial court must specify its reasons for deviation or for denying a request for deviation in…
Washington Appeals Court Affirms Juvenile’s Adjudication Despite Self-Defense Claim
A Washington criminal defendant can raise a self-defense claim by offering some evidence that their actions occurred in circumstances of self-defense. Once the defendant meets this low burden, the burden shifts to the state to prove, beyond a reasonable doubt, the absence of self-defense. According to the appeals court’s opinion,…
Washington Appeals Court Upholds Renewal of DVPO
A Washington Domestic Violence Protection Order (“DVPO”) may order a respondent to participate in state-certified treatment, and failure to do so may be considered if the petitioner seeks renewal. A respondent recently challenged renewal of a DVPO, arguing the court should have considered his relocation and participation in an out-of-state…
Federal Court Denies University’s Motion to Dismiss Title IX Claim Arising from Off-Campus Conduct
In a recent case, a female student of a Louisiana university sued multiple parties as a result of an off-campus rape by another student who had been accused of multiple prior sexual assaults and rapes. A Louisiana federal court denied the university defendants’ motion to dismiss, finding the university had…