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Imagine being a professor or instructor at a college or university who has devoted years and years to academic excellence through teaching, writing, researching and mentoring in his or her chosen field. Imagine next what it would be like to lose everything --...
David Nacht knows a lot about campus rape and Title IX. He has dealt with sexual discrimination, harassment and assault on campus for over 20 years. He has seen first hand the university system's unfairness. If your child has been accused of sexual assault,...
I've been representing students for 22 years. Students are future employees. They are on their career path, just really early. So when I represent them, to make sure their lives are not ruined by their own mistakes or the wrongful conduct of others, I view it as very...
"Cross-examination is the greatest legal engine ever invented for the discovery of truth." So wrote John Henry Wigmore, legendary judge and legal scholar. However, when a college student is faced with a disciplinary proceeding, cross examination has not been required...
This article, "Yale Lawsuit Spotlights Title IX, Sexual Assault 'Hysteria' by Peter Berkowitz", published on Real Clear Politics, reflects rationality. University procedures are ridiculous. Rape is not punished severely enough, and at the same time, false accusations...
The legal standard for rape or criminal sexual conduct, as it is technically known in Michigan law, is not that high. But it does require that there be credible evidence of non-consensual sexual touching. The standard of what is it consensual is whether a reasonable...
First, remember the old adage, "what you say can and will be used against you." Your child should not cooperate or try to talk his way out of it. He should assume that anything he tells anybody who works for the university could end up in the hands of a police officer...
In recent years, colleges and universities across the country have become hyper-vigilant about sexual assault on campus. These institutions don't want the lawsuits and damaging public-relations fallout of a sexual encounter gone wrong. While efforts to prevent and...
The 6th Circuit has issued a new opinion considering the "reasonable belief" and "honest belief" doctrines applied to retaliation claims under Title VII. In Yazdian v. ConMed Endoscopic Technologies, Inc., Case No. 14-3245 (July 14, 2015) recommended for full text...
The film "Hunting Ground" has been sparking debate and discussion since it premiered at the Sundance film festival this January. The film features campus assault survivors as they fight back for institutional reform - from political protest to legal strategies under...