Latest Blog Posts

Affirmative consent policies have fundamentally changed how college students must navigate sexual interactions, creating a standard that many argue is both unrealistic and problematic in practice. Under these policies, students must obtain explicit permission at every stage of sexual activity through clear words or actions, representing a significant departure from…
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Introduction: Title IX and Why It Matters Title IX is a federal law enacted in 1972 that prohibits sex-based discrimination under any education programs receiving federal financial assistance. In this guide, you’ll learn about the law itself as well as the Title IX regulations that inform how it is implemented…
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1. Introduction: What is a Title IX No-Contact Order? A Title IX no-contact order is a campus-issued directive that restricts communication and contact between parties involved in response to a report of conduct that could constitute sexual harassment. While no-contact orders are often issued in the context of a formal…
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Key Takeaways Student conduct hearings are formal university processes aimed at determining if students violated the code of conduct, usually decided using a “more likely than not” evidence standard that can favor the institution’s interests. While students typically have rights to present evidence and call witnesses, the process is frequently…
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Is hate speech illegal in the U.S.? In most cases, it is protected under the First Amendment. The U.S. Supreme Court has repeatedly ruled that most speech considered ‘hate speech’ is legally protected under the First Amendment. Many Americans support robust free speech protections, even for hate speech, reflecting a…
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When a student is accused of misconduct at a university, the process can feel overwhelming. Unlike the criminal justice system, campus disciplinary hearings are not always bound by the same rules of evidence or procedure. This raises an important question for many students and parents: is it fair for a…
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Facing a college misconduct hearing can be one of the most stressful experiences a student will encounter. Whether the allegations involve academic dishonesty, harassment, Title IX violations, or any other form of misconduct, there’s a lot on the line. Disciplinary findings can have a lasting impact on a student’s academic…
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If you've been notified that a university is investigating a Title IX complaint involving an incident that occurred years ago, you may feel confused, blindsided, and unsure of your rights. Many people assume there’s a strict time limit on when these investigations can occur, but the reality is more complex.…
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In today’s world of smartphones and instant sharing, it’s easier than ever to press “record” and capture a moment. In higher education, students sometimes record professors or administrators, whether to document alleged misconduct, preserve lectures, or expose controversial statements. But what happens when that recording violates a school policy or…
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The University of North Texas will pay a $725,000 settlement to Timothy Jackson, a music theory professor who claimed to have suffered professional and emotional damage following accusations of racism and complaints of unfair criticism of the scholarship of a Black music theorist in a publication he edited back in…
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Facing a disciplinary hearing on campus can be a confusing, stressful experience for students. Suspension or expulsion can derail academic progress, tarnish a student's reputation, and have lasting consequences for their future. In many of these cases, students often wonder if they have a right to access the evidence against…
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Social media plays a significant role in how people communicate, express themselves, and document their lives. Platforms like Instagram, Snapchat, X, and TikTok are used every day by college students to share thoughts, opinions, and moments that, intentionally or not, become public record. For students involved in Title IX investigations,…
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Facing a serious accusation at a university can feel overwhelming, but when the accusation is anonymous, it can be even more difficult to defend yourself. Colleges and universities have their own procedures for handling complaints, but anonymous reports raise unique questions, and students need to be on guard to make…
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In a pivotal victory for academic freedom and the First Amendment, the U.S. Court of Appeals for the Seventh Circuit issued a major decision recently in Kilborn v. Amiridis, holding that public university professors retain strong free speech rights when it comes to teaching and scholarship. The decision aligns the…
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Students often take to social media, online review platforms, or even personal blogs to share their thoughts about professors, campus policies, and academic experiences. Some posts are glowing; others, not so much. However, when a student’s online comment about a faculty member crosses into critical or negative territory, you may…
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If you’re involved in a Title IX investigation, whether as a complainant, respondent, or witness, one of the first questions you may have is how your privacy will be protected. Title IX cases often involve sensitive and deeply personal issues, and the fear of public exposure can prevent individuals from…
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As a student or faculty member, you may feel that your personal website or blog is a private space to express your views, share experiences, or explore controversial topics. But what happens when your university takes issue with what you've written? Can a school legally discipline someone for speech made…
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In recent years, the use of trigger warnings and the establishment of safe spaces on college campuses have sparked heated debates about free speech and academic freedom. While some argue that these practices promote inclusivity and protect mental health, others claim they suppress open discourse and stifle intellectual diversity. That…
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Universities have long been spaces for political discourse, debate, and activism. But in today’s polarized climate, students, faculty, and staff may wonder if expressing political views on campus can lead to serious consequences like expulsion or termination. If you are facing disciplinary action for political speech, it is essential to…
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Facing disciplinary action at a college or university can be overwhelming, especially if you believe the process was unfair. Students accused of misconduct often face inadequate or one-sided procedures that lack due process. If you believe you’ve been subjected to an unfair disciplinary process on campus, please continue reading and…
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College campuses have long been centers for activism, debate, and political expression. Whether protesting government policies, university decisions, or social issues, students have the right to express themselves consistent with the First Amendment or, at private universities, with university policy. However, universities—particularly public institutions—must balance free expression with campus order.…
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Free speech is a cornerstone of higher education, fostering intellectual debate and academic discovery. However, the rights of professors and students are not identical when it comes to free speech, especially in the context of public universities. Professors face unique legal standards that balance their roles as educators and employees…
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Compelled speech is a complex and often misunderstood concept in the realm of free expression, particularly in higher education. It refers to situations where the government (including governmental entities such as state universities) requires you to express ideas or beliefs you may not agree with, and it can be a…
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Free speech is a fundamental right in higher education, but its scope and protections vary significantly between public and private colleges and universities. Understanding these differences is essential for students facing censorship or punishment of their speech on campus. Note that it is crucial to distinguish between a public institution…
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Last month, a Pennsylvania federal judge denied Carnegie Mellon University’s motion to dismiss Title VI discrimination and retaliation claims brought by a Jewish student alleging that she was subjected to antisemitic discrimination at the university*. This is an important ruling, particularly in light of the rise in antisemitism on campus…
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Facing a disciplinary hearing under Title IX can be daunting for students accused of sexual misconduct, dating violence, stalking, or other Title IX violations. The outcome of such hearings can significantly impact your academic future, reputation, and career. Read this blog and reach out to a skilled Title IX lawyer…
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Title IX of the Education Amendments of 1972 is a federal law that prohibits sex discrimination at educational institutions that receive federal funding – which includes nearly all universities, both public and private. While most people associate Title IX with addressing sexual harassment or assault in schools, the law also…
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Title IX is a federal law that prohibits sex discrimination at educational institutions that receive federal funding – which includes nearly all universities, both public and private. While its purpose is straightforward, many misconceptions surround Title IX, particularly regarding its rights and protections. These misunderstandings can leave students confused about…
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Universities have conduct codes regulating student behavior, but when student misconduct occurs off-campus, the extent of a university’s authority to impose discipline becomes a nuanced issue. Read this blog and speak with our Title IX lawyers to learn about the complexities of university jurisdiction over off-campus conduct, the rights students…
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In a university setting, professors often balance teaching responsibilities with their own freedom of expression. But when it comes to topics that may provoke strong reactions, what rights do professors have to freely express their views within the classroom? Continue reading to learn about the boundaries of professors' free speech…
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Facing a sexual misconduct allegation in college can be overwhelming, especially given the seriousness of these cases and their potential impact on your future. College students may feel confused, frightened, or unsure about where to turn. Knowing how to navigate this process and understanding your rights is paramount. Continue reading…
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Facing a misconduct process in college can be a stressful experience for students. Whether the allegations involve academic dishonesty, student conduct code violations, or more serious allegations like sexual misconduct, students often find themselves navigating unfamiliar territory. It’s essential for students to understand that they have rights throughout this process,…
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A university sexual misconduct case is a complex and emotionally charged process. For both the accuser and the accused, understanding the process universities use to decide these cases is crucial. Read on and reach out to our student sexual misconduct lawyers to learn about how universities handle these cases, what…
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Free speech plays an essential role in fostering intellectual growth and open dialogue on college campuses. Universities are meant to be spaces where ideas can be exchanged, debated, and critiqued. However, the balance between maintaining an open forum for expression and ensuring a safe, respectful learning environment is often difficult…
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Legal challenges to the Biden administration’s new Title IX regulations have been knocking out the regulations in state after state. As of now, every lawsuit challenging the regulations which has resulted in a ruling has yielded an order halting their implementation. But here’s the rub: the losses by the Biden…
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We are proud to announce that Attorney Kellie Miller, of Allen Harris Law, successfully represented Dr. Michael Joyner in a significant case against the Mayo Clinic. The recent ruling allowed Dr. Joyner’s lawsuit to proceed, highlighting issues with academic freedom and retaliation. Miller emphasized that Mayo’s stance undermines true academic…
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The United States District Court for the Middle District of Florida ruled Monday in a decision by Judge Carlos Mendoza (an Obama appointee) that five administrators at the University of Central Florida may be personally liable for retaliating against Professor Charles Negy after he exercised his First Amendment right to…
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Andrew Cavarno continues to make a name for himself as a formidable advocate for students in campus disciplinary proceedings. Within just the last few months alone, Andrew has secured an uninterrupted series of victories that underscore exceptional skills as a higher education attorney and dedication to Allen Harris’s clients. Develop…
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The Department of Education is on the verge of rolling out new Title IX regulations that — if implemented as written — would be a huge setback for due process and fair procedure on campus. To explain why, a bit of background is necessary. “Title IX” refers to Title IX…
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In our representation of students accused of sexual misconduct on campus, we have recently begun to see investigators and decision-makers apply a legal doctrine – called the “outcry witness” doctrine -- intended to protect child victims to cases involving adults. This is yet another example both of how colleges infantilize…
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Allen Harris' case, De Piero v. Penn State University, was recently featured by Conor Friedersdorf in The Atlantic. De Piero, who is white, was a professor of composition at Pennsylvania State University Abington. His complaint alleged discrimination on the basis of race due to a constant drumbeat of so-called "diversity,…
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On October 3, 2023, Allen Harris PLLC — along with local counsel Jonathan Vogel of Vogel Law PLLC — filed a petition for a writ of certiorari asking the Supreme Court to overturn a ruling of the U.S. Court of Appeals for the Fourth Circuit that dramatically limits the free…
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The Fifth Circuit Court of Appeals has handed down another defeat to the University of North Texas and a victory to Allen Harris in a lawsuit defending the First Amendment rights of Professor Timothy Jackson, after UNT shut down his journal, The Journal of Schenkerian Studies. The decision can be…
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One of the most frustrating things students and faculty members face in campus proceedings is the lack of information they are routinely given about their supposed offenses. Ohio Northern University law professor Scott Gerber, an Allen Harris client, took to the Wall Street Journal today to tell the outrageous story…
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The Chronicle of Higher Education just ran a full-length article on accusations against the Pulitzer Prize-winning author and professor Junot Diaz. His story serves as a good (if very high profile) example of what we at Allen Harris call “mobbing” campaigns on campus. Mobbing is when, based on one accusation,…
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Michael Chabon’s Most Accurate Academic Movie Ever Made Those interested in a humorous romp through a dysfunctional college’s administration might pick up the novel Wonder Boys by Michael Chabon. Chabon published Wonder Boys in 1995, early in his career before going on to win the Pulitzer Prize for fiction in…
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Right before Christmas 2022, the First Circuit Court of Appeals reinstated a case by a student at Stonehill College, a small school of less than 2,500 students in Easton, Massachusetts who had sued after being expelled by a Title IX campus court. The First Circuit reversed the decision of the…
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I. The Tyranny of the Campus HR Department At Allen Harris, we are seeing an increasing trend that attacks faculty rights on campus. Colleges and universities are ceding supervision of faculty to their human resource departments. It is a growing trend that students and colleagues routinely weaponize petty grievances to…
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A disturbing new survey released late last month, conducted by McLaughlin & Associates for the William F. Buckley, Jr. Program at Yale, found that college students were surprisingly willing to say that violence might be an appropriate reaction to “hateful” views. Worse, responses to one of the questions suggest that…
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As college students prepare for Halloween parties, college administrators send out predictable warnings about the importance of not offending anyone with a Halloween costume. Whitman College, for example, cautions against anything that might “trivialize human suffering or oppression” – like a prisoner costume. The University of Nebraska and the University…
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A Massachusetts family recently scored a huge win for students against the Governor’s Academy (formerly known as the Governor Dummer Academy), a private New England high school, for breach of contract and violation of Title IX. Lawsuits against private high schools are notoriously difficult. Private high schools can expel students…
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Last Friday saw a huge legal development in the area of First Amendment law and its application to social media platforms like Twitter, Facebook, and YouTube. The United States Court of Appeals for the Fifth Circuit, which is the federal appeals court covering Texas, Louisiana, and Mississippi, issued its long-awaited…
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As high school graduates head to campuses around the country for their first year of college, they need to be aware not only of the excitement that lies ahead but also of the risks. The fall semester of freshman year is a time when many allegations of sexual assault occur.…
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A federal district court in Florida recently ruled that a student’s lawsuit against Embry-Riddle Aeronautical University (ERAU) could proceed to trial, citing evidence that the university acted in a biased manner when addressing a claim of sexual assault against a male ERAU student. Like many allegations of campus sexual misconduct,…
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The Supreme Court has called America’s colleges and universities “one of the vital centers for the Nation’s intellectual life,” where “free speech and creative inquiry” are of the utmost importance. But can you exercise that right at your college or university without fear of censorship or punishment? According to a…
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Allen Harris Law’s Samantha Harris was recently featured in an article about Timothy Keiderling, a graduate student at Princeton Theological Seminary who fought back against PTS’s efforts to make him attend so-called “anti-racist” trainings that conflicted with his religious beliefs – and won. PTS required its students to participate in…
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Allen Harris Law’s Michael Thad Allen was in the news recently for representing Timothy Jackson. Timothy Jackson is a University of North Texas professor who was accused of “racist acts” and of fomenting a racist academic attack on a fellow music theorist. Timothy Jackson is a tenured music professor, the…
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With students returning to campus – some for the first time since the Covid-19 pandemic sent many students home for remote learning – there is likely to be an uptick in accusations of sexual misconduct as students begin socializing again. Campus disciplinary proceedings are often very unfair, so if you…
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The University of Michigan recently secured a significant victory in a Title IX case that split judges on the Sixth Circuit Court of Appeals. In an 8-6 en banc decision, the court overruled the decision of a three-judge panel and found that the university had responded adequately to an alleged…
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The United States Supreme Court will hear a case pitting a pair of Georgia Gwinnett College students against campus administrators.  At issue is whether it is legal to confine free speech on public campuses to so-called “free speech” zones.  These zones are often minuscule and clearly meant to send the…
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