Students who experience disciplinary action resulting from Title IX allegations sometimes file their own Title IX lawsuit against the school, alleging the investigation and disciplinary process was discriminatory. In addition to Title IX claims, they may file equal protection, breach of contract, and other claims. In a recent case, school…
School authorities may search students and their property in circumstances that the police could not. In a recent case, a juvenile challenged a juvenile court adjudication of knowingly possessing cannabis after a school district safety coordinator searched his vehicle. According to the appeals court’s unpublished opinion, the school district security…
In many Washington criminal cases, a plea agreement may be an appropriate resolution. A plea agreement is a contract, and in some circumstances, that contract may be breached. When the state agrees to a sentencing recommendation, it does not have to be enthusiastic in making that recommendation to the court,…
Washington recognizes committed intimate relationships (“CIRs”), which are cohabiting relationships that are stable and like a marriage, although both parties know they are not lawfully married. Washington courts will distribute community-like property from a CIR in a just and equitable manner. A man recently appealed a property division after a…
The Department of Education recently issued a press release stating that it found a Virginia public school district had violated Title IX by failing to respond to sexual harassment reports. According to news reports, the school had a policy allowing students to use locker rooms and restrooms aligning with their…
A parent seeking modification of a Washington parenting plan must meet the statutory criteria for modification. A father recently challenged a court’s determination he failed to show adequate cause for a hearing on his modification petition. According to the appeals court’s unpublished opinion, the parties divorced in April 2019 and…
Both the Washington State Constitution and the Fifth Amendment to the U.S. Constitution protect individuals from being “twice put in jeopardy” for the same offense. The double jeopardy clause protects a person from being tried twice for the same offense and from receiving multiple punishments for the same offense. Double…
A Washington protection order generally must state the date when it expires. If the order is to be permanent, the court should set its expiration date at 99 years from the date it is issued. RCW 7.105.310(5). A former wife recently appealed an order purportedly clarifying the expiration date of…
The Fifth Circuit recently considered a case in which a university student alleged the university violated his constitutional rights and Title IX with regard to an arrest, search, and the resulting disciplinary proceedings against him. According to the court’s opinion, the plaintiff had been a student at a public university…
In a recent case, the Washington Supreme Court considered whether the court rule and statute related to juvenile bench warrants can be harmonized. Upon a guilty plea to fourth degree assault in March 2022, the juvenile was sentenced to seven months’ community supervision with a number of conditions. The state…