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 According to the appeals court’s unpublished opinion, the parties divorced in April 2019 and…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…
Property divisions and child custody in a Washington divorce can be contentious. In a recent case, the former husband requested supplemental findings after the wife appealed the property division and residential schedule. The appeals court vacated the supplemental findings and determined the trial court had erred by awarding property that,…
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures. The Washington State Constitution provides additional protection, with article I, section 7 protecting individuals from disturbances into their private affairs without authority of law. The Washington Supreme Court recently determined that the administrative booking procedure used in…
In a recent case, the Fifth Circuit affirmed summary judgment in favor of a school district in a Title IX case against it, concluding other students calling the plaintiff “gay” and other names over the period of a few weeks was not severe enough to be actionable. The plaintiff had…
Both the Fourth Amendment to the U.S. Constitution and article I, section 7 of the Washington State Constitution require probable cause for a search warrant to be issued. Evidence obtained from an illegal search must be suppressed. State v. Betancourth. Even if a search warrant was obtained, evidence seized pursuant…