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Answers To Your Frequently Asked Questions

  • Title IX

    • Title IX of the Education Amendments of 1972 is a federal law that protects individuals from sex-based discrimination in education programs or activities receiving federal financial assistance. Title IX applies to public schools, colleges, and universities, but also applies to most private colleges and universities because they participate in federal student aid programs.

      Title IX protects students from sex-based discrimination by the school in matters such as athletic opportunities, access to educational resources, and disciplinary action. It prohibits discrimination based on sexual orientation and gender identity. It also requires schools to respond promptly to actual knowledge of sexual harassment. Title IX prohibits schools from being “deliberately indifferent” to sexual harassment in its programs and activities.
    • The definition of sexual harassment under 34 CFR § 106.30 includes three broad categories of unwelcome conduct based on sex: quid pro quo harassment by an employee of the school; unwelcome conduct that is so severe, pervasive, and objectively offensive as to deny a person equal access to the education program or activity; and sexual assault, dating violence, domestic violence, or stalking. Harassment can come from students, faculty or staff, and others.

    • When a school has actual knowledge of sexual harassment in its programs or activities in the U.S., it must promptly respond. The school’s Title IX Coordinator must promptly inform the alleged victim of supportive measures and how to file a formal complaint, if one has not been filed.

      The school must investigate sexual harassment allegations in a formal complaint. A formal complaint is a document alleging sexual harassment has occurred and requesting the school investigate. The school should generally respect the wishes of the complainant but in some cases a Title IX Coordinator may file the formal complaint even if the complainant does not want to participate in the Title IX process.

      The school must send written notice of the allegations to both the complainant and the respondent when it receives a formal complaint. The school must investigate the allegations and has the burden of gathering evidence. This investigation may include interviews with the parties. Both parties must have an equal opportunity to choose an advisor and submit and review evidence.

      Post-secondary institutions must have a live hearing and allow the parties’ advisors to cross-examine witnesses.

      After the hearing, the school must send both parties the written determination.

    • The potential consequences of a Title IX complaint can be extremely serious.

      Schools may remove a student accused of sexual harassment from its education program or activity on an emergency basis, if it determines there is an immediate threat to another person’s health or safety. This could mean being removed from student housing or specific classes or academic programs or being suspended from athletic programs or other student activities. It may be difficult to get back into to a program after emergency removal.

      Students found responsible for Title IX sexual harassment often face suspension or expulsion. Even lesser disciplinary actions could result in suspension from athletics or other programs or loss of scholarships or financial aid. Such disciplinary actions do not just delay a student’s ability to pursue an education—they may limit or prevent a student from completing their education or pursuing their intended career.

    • Under the 2020 regulations, respondents must be given notice of the allegations and an equal opportunity to present witnesses and evidence. The school cannot prohibit a party from discussing the allegations or collecting evidence. Both parties have the right to choose an advisor, who may be an attorney. Both parties have a right to the evidence and a copy of the investigative report. Post-secondary institutions must hold a live hearing and allow the parties’ advisors to cross examine witnesses. A written determination must be sent to all parties simultaneously. Both parties have the right to appeal based on certain issues.
    • Schools have faced significant pressure to prevent and address sexual harassment. They have been subjected to regulatory investigations and lawsuits by alleged victims for failure to properly handle complaints. In an effort to remedy these issues, some schools may fail to protect the rights of students who have been accused.

      Additionally, the requirements around Title IX have been changing. Regulations issued in 2020 made significant changes to Title IX processes that were in conflict with previous guidance. Courts have also recognized that accused students have certain rights. Some schools and Title IX Coordinators may be unaware or confused about their responsibilities and their students’ rights.
    • You should seek the advice of an experienced Washington Title IX attorney right away. You may have the right to appeal the decision. You may also have your own Title IX case or state law claims against the school. In some circumstances, you may be able to seek an injunction to prevent the school from moving forward with disciplinary action against you pending your case. An attorney will be able to advise you of your options based on the specific circumstances in your case.
    • You should seek the advice of an experienced Washington Title IX attorney right away. You may have the right to appeal the decision. You may also have your own Title IX case or state law claims against the school. In some circumstances, you may be able to seek an injunction to prevent the school from moving forward with disciplinary action against you pending your case. An attorney will be able to advise you of your options based on the specific circumstances in your case.
    • A Title IX complaint is handled by the school. The school’s Title IX Coordinator is responsible for the investigation. The standard of evidence in a Title IX investigation and hearing is preponderance of the evidence or clear and convincing evidence. A Title IX complaint may result in school discipline, such as suspension or expulsion.

      In some cases, conduct that is the subject of a Title IX complaint may lead to criminal charges. Criminal changes are investigated by the police and determined in a court of law. The standard of proof in a criminal case is beyond a reasonable doubt. Criminal defendants have certain constitutional rights not afforded in Title IX investigations, such as the right to remain silent.

    • If you obtain a skilled Title IX defense attorney as soon as you receive notice of the complaint, your attorney can help ensure your rights are protected throughout the investigation and hearing process. If the school does attempt emergency removal or disciplinary action, an attorney can assist with your appeal and, if necessary and appropriate, pursue further legal action. Additionally, an attorney can advise you regarding the potential for criminal charges and help you avoid any actions that could be detrimental in a criminal case. Blair Kim Moeller, PLLC, handles both Title IX and criminal defense. Our knowledgeable attorneys can see you through the Title IX process and any related criminal proceedings. Schedule a consultation by contacting us online or calling (206) 622-6562.

  • DUI

    • Those who have been arrested for driving under the influence of alcohol are entitled to an administrative hearing before the Department of Licensing. The purpose is to discuss the dispute over the license suspension of the offending driver. This will be the driver’s only chance to dispute the suspension that will take place. The form that your arresting officer should have provided you will have to be returned within 20 days following your arrest. Your right to an administrative hearing is waived if the form has not been filed within that time frame.
    • After your license has been suspended, you may still have to get to and from work. There are some circumstances under which you can obtain an Occupational / Restricted Driver License (ORL) from the Washington Department of Licensing (DOL). This can only be granted in very specific situations and after certain qualifications have been met. It could take 10 days to process this application. Further, you may be able to apply for an ignition interlock device to allow you to drive under specific restrictions. You can also obtain information about reinstating your license.
    • Knowing your rights when you are pulled over is imperative. When you are asked by the National Highway Traffic Safety Administration to take a field sobriety test, it is generally advised that you politely refuse. These are administered for the purpose of assessing whether the driver is likely intoxicated, but they are not always the most accurate method of making that determination. The officer cannot use your refusal to take the test as a reason to arrest you. At times, police fail to administer these tests properly, which can produce inaccurate results and negatively impact your case.

    • There are a variety of methods that an arresting officer can use to determine whether a driver is under the influence of alcohol. Observation is often the first method. If the police notice that you are driving in a negligent or reckless manner they may proceed by pulling you over. Then, the police may ask you to perform a series of field sobriety tests, such as standing on one leg or reciting a series of numbers. Another method that may be used is a chemical test. A blood alcohol content (BAC) test is administered by directly drawing a sample of your blood and determining whether your BAC level is 0.08% or higher.

  • Washington Civil Protection Order

    • A civil protection order is a court order intended to protect victims of domestic violence, harassment, abuse, stalking, or sexual abuse, generally by prohibiting the respondent from certain activities, which may include contacting, harassing, or coming near the protected person.

    • Six types of civil protection orders are available in Washington: domestic violence protection orders, vulnerable adult protection orders, anti-harassment protection orders, sexual assault protection orders, stalking protection orders, and extreme risk protection orders.

    • A civil protection order is issued by a civil court following a petition by or on behalf of the person to be protected. Civil protection orders may be available even if the conduct does not meet the requirements for criminal charges or if criminal charges are not filed. Because a civil protection order is a civil matter, a respondent is not entitled to a court-appointed attorney.

      A no-contact order is issued as part of a criminal case and is intended to protect a person during the criminal case. It may be issued when the court determines if the defendant will be released on bail or his or her own recognizance. A no-contact order is generally shorter in duration than a civil protection order.

    • To obtain a civil protection order, the petitioner must show that the circumstances and actions meet the requirements for that type of order. Although civil protection orders may grant the petitioner possession of essential personal effects and the use of a vehicle, they generally may not order child or spousal support or assign most property. A restraining order is a broader civil order that is often issued as part of a pending family law case. A restraining order may also deal with other issues, including property, child and spousal support, and temporary custody.

    • The criteria are different for each type of civil protection order. For a domestic violence protection order, the petitioner must allege domestic violence committed by an intimate partner or family or household member. A person may petition on behalf of himself or herself or on behalf of minor family or household members.

      Until July 1, 2022, a petition for a sexual assault protection order may only be filed by someone who does not qualify for a domestic violence protection order and who is a victim of nonconsensual sexual conduct or nonconsensual sexual penetration. A petition may also be filed on behalf of a minor child, vulnerable adult, or any other adult who cannot file on their own due to age, disability, health, or inaccessibility. After July 1, 2022, a person who qualifies for a domestic violence protection order is not prohibited from obtaining a sexual assault protection order but is encouraged to obtain a domestic violence protection order instead.

      Until July 1, 2022, a person may petition for a stalking protection order if they are the victim of stalking conduct and do not qualify for a domestic violence protection order. A parent or legal custodian may petition on behalf of a minor child. An adult with whom a child is living may petition on behalf of a child if the respondent is not a parent. An interested person may petition on behalf of a vulnerable adult. Effective July 1, 2022, a person who qualifies for a domestic violence protection order is not precluded from obtaining a stalking protection order, but is encouraged to obtain a domestic violence protection order instead. Additionally, effective July 1, 2022, a person may petition for a protection order on behalf of any other adult for whom the petitioner is interested in the adult’s well-being and can show that court intervention is necessary and the adult cannot file the petition on their own due to age, disability, health or inaccessibility.

      A vulnerable adult or an interested person on his or her behalf may file a vulnerable adult protection order petition to protect the vulnerable adult from abandonment, abuse, financial exploitation or neglect, or the threat thereof. The department of social and health services may also file a petition on behalf of a vulnerable adult. “Vulnerable adult” is defined by the statute and includes individuals who are at least 60 years old and functionally, mentally, or physically unable to care for themselves, who have been found incapacitated, who have a developmental disability, who have been admitted to a facility, or who receive certain services.

      A petition for an extreme risk protection order may be filed by a member of the respondent’s family or household or by law enforcement. The petition must allege the respondent poses significant danger of personal injury to himself or herself or others by having possession of, access to, or the ability to purchase a firearm.

      An anti-harassment protection order may be filed against a person who has engaged in unlawful harassing behavior. Until July 1, 2022, an anti-harassment order may not be issued for actions covered by the Sexual Assault Protection Order Act or domestic violence laws.

    • The process begins by filing a Civil Protection Order Petition. The petition must include specific information regarding the respondent’s conduct and its effects. In emergency situations, you may also apply for a temporary order. An initial hearing will be held to determine if a temporary order is appropriate until the full hearing can be held. The initial hearing will generally be held the day the petition is filed or the next day. The full hearing will generally be scheduled within 14 days of a temporary order. The respondent must be served with notice of the hearing. At the hearing, the court will hear testimony and evidence from both parties and determine if a full civil protection order should be issued.
    • Temporary protection orders may be issued pending a hearing. Temporary orders are generally granted for up to 14 days, but may be extended in some circumstances if necessary. At the hearing, the judge will determine if a civil protection order should be issued and for how long. Domestic violence protection orders, stalking protection orders, anti-harassment protection orders, and sexual assault protection orders are often issued for one year, but may be longer or even permanent. Vulnerable adult protection orders can be up to five years. An extreme risk protection order can be up to one year.
    • Civil protection orders can have severe consequences. They may exclude you from a shared residence, requiring you to move out. A protection order may prohibit you from going certain places or within a specified distance to specified locations. These prohibitions can affect your ability to go to work or school. Washington civil protection orders may affect your access to and custody of your children. In some cases, they may require the surrender of firearms. Domestic Violence protection orders can also order you to participate in domestic violence treatment.

    • Generally, a civil protection order prohibits the respondent from contacting the petitioner and does not specifically prohibit the petitioner from making contact. However, the respondent may be considered to be in violation of the order if he or she responds to contact initiated by the petitioner. Thus, if the petitioner wishes to be in contact with the respondent, he or she should consider seeking modification or termination of the order.

    • Yes. The respondent may be charged with violating an order for responding to or continuing contact initiated by the protected person. The court may consider that information, but it is not an automatic defense. If a protected person attempts to contact you, you should not respond.
    • Violation of most civil protection orders is generally a gross misdemeanor. A gross misdemeanor is punishable by up to 364 days in jail, a fine up to $5,000, or both. If the violation is also an assault or if the violation is reckless with a substantial risk of death or serious injury, it may be a class C felony. A violation may also be a class C felony of the offender has two or more convictions for similar violations. Class c felonies may be punished by up to five years in prison, a maximum fine of $10,000, or both. Following conviction, the court may order electronic monitoring. The court may also find the respondent in contempt of court for a violation of a civil protection order.
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