When a student files suit against their school alleging a Title IX violation arising from a Title IX investigation and proceedings, the person who made the allegations is generally not a party to the lawsuit. That person often has important information related to the allegations and the disciplinary process, however. …
A non-parent may petition for Washington child visitation if they are a relative, have “an ongoing and substantial relationship with the child,” and show a likelihood the child will experience harm or a substantial risk of harm without visitation. RCW 26.11.020. In a recent case, a child’s grandparents appealed the…
Washington civil protection orders have undergone significant changes recently, including changes to the duration of protection orders. However, there are some cases filed before the new laws took effect that are still subject to the previous laws. A husband recently challenged the duration of a Domestic Violence Protection Order (“DVPO”)…
In certain non-violent, drug-related cases, offenders may be eligible for a “drug offender sentencing alternative,” frequently referred to as “DOSA.” While serving the community custody portion of a Washington DOSAd, an offender must comply with the conditions imposed by the court. A defendant recently challenged the revocation of his DOSA…
The comment period has closed on the Department of Education’s (“Department”) proposed Title IX rule. The Department received more than 200,000 comments. The Department has not indicated an anticipated timeline for finalizing the rule. The Title IX rule proposed and published under the previous administration reportedly received about half as…
A Washington appeals court recently reversed a conviction due to prosecutorial misconduct, despite finding there was sufficient evidence to support the conviction. The defendant was convicted of possession of a controlled substance with intent to deliver. On appeal, he argued that the prosecutor had engaged in race-based misconduct by using…
In a Washington deferred disposition in a juvenile case, the juvenile stipulates to the admissibility of the facts in the police report, acknowledges the report will be entered a used to support a finding of guilt and impose disposition if they do not comply with the terms of supervision, waive…
A former spouse seeking modification of Washington spousal maintenance must generally show a substantial change in circumstances. A former wife recently challenged the denial of her request for modification. According to the appeals court’s unpublished opinion, the parties married in 1991 and divorced in 2014. The wife was a stay-at-home…
The use of pseudonyms has been a significant issue in Title IX litigation recently, with some courts denying accused students the ability to proceed in litigation against their school under a pseudonym. The First Circuit, however, has recently vacated an order denying an accused student the use of a pseudonym…
Washington’s privacy act generally prohibits recordings of communications obtained without consent of all parties from being admitted as evidence at trial. RCW 9.73.030. In some circumstances, however, they may be admissible. A law enforcement officer can intercept, record, or disclose a conversation with the consent of one party and authorization…