In a precedent-setting case in the western district of Michigan, Doe v Northern Michigan University, David Nacht and Adam Taub obtained the first court opinion providing a student with a breach of contract claim when he is expelled in a flawed process because the college violated the student handbook procedures. This is the first court to find students in Michigan have such a contractual right. The ruling allows the case to continue to discovery and opens the door for other students to find redress. The court also allowed the case to proceed on a due process theory.
In just the past two months, Attorney David Nacht has won victories representing students facing potential suspension or expulsion in three different Title IX hearings at three different colleges, two in Michigan and one in Massachusetts.
Nacht & Roumel, P.C. has filed a lawsuit on behalf of a 9-year-old girl, and sexual assault victim, against Keystone Academy, a charter school. This case alleges that the school not only failed to properly investigate a student's sexual assault claims and failed to protect her, but even retaliated against both the child sexual assault survivor and her mother. The lawsuit was filed under Title IX by NachtLaw attorneys Nick Roumel and Amanda Ghannam.
David Nacht was quoted in the October 12, 2017 Detroit News article by Ingrid Jacques, "Students accused of sexual assault have rights".
This article, "Yale Lawsuit Spotlights Title IX, Sexual Assault 'Hysteria' by Peter Berkowitz", published on Real Clear Politics, reflects rationality. University procedures are ridiculous.
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 person would realize that the person who later claims it was rape was not consenting. In an increasing number of cases that arise on college campuses, the person who claims she was raped was not too drunk to consent, nor did she say "no." Quiet unhappiness by one person will not in most cases be the basis for criminal charges that stick. It can however be the basis for campus Title IX proceedings where the standard is often "yes means yes".
Baylor remains at the center of a firestorm over accusations of rape and sexual assault on its campus. The latest lawsuit "accuses the nation's largest Baptist school of creating a 'hunting ground for sexual predators.'" Under Title IX, universities and colleges have an affirmative duty to address sex discrimination and inequality on their campuses. If you have been victimized by rape or sexual assault at school, NachtLaw can help.
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