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Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

by Field Law on

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris...

LR-college-campus_med_rgbTwo recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed...more

Illinois Appellate Court Finds Schools Not Liable For Student Injury And Deaths In Two Separate Lawsuits

by Franczek Radelet P.C. on

Last fall, the Illinois Appellate Court issued opinions on two different cases involving the tort immunity of school districts. In both cases, the court declined to find the schools liable....more

Amendments to Liquor Control Act Create Safe Harbor For College And University Employees And Students Who Request Police...

by Franczek Radelet P.C. on

On January 1, 2013, certain amendments to Section 6-16 of the Illinois Liquor Control Act of 1934 (the “Act”) will take effect. These amendments may impact the way that institutions of higher education address underage...more

School District May Have Special Relationship with Their Students Requiring Protection of Students' Personal Security

by Franczek Radelet P.C. on

In Doe v. Covington County School District, the Fifth Circuit Court of Appeals considered the circumstances in which a school district is required to protect students’ personal security based on a special relationship with...more

Investigating Sexual Assault Claims - Even Private Colleges Are Vulnerable

A recent Tennessee federal jury case involving a private university reminds the academy of the critical need to balance fairly the interests of the accused and accuser in investigating sexual assault cases. While private...more

Should seat belts on school buses be required?

by Howard Ankin on

The United States National Highway and Traffic Safety Administration (NHTSA) doesn’t think so. In fact, the NHTSA recently denied a petition from safety groups, consumer advocates and doctors that sought to make the use of...more

In Two Cases, Illinois Appellate Court Reaffirms Rule of Deference to Decisions of Academic Institutions

by Franczek Radelet P.C. on

In two recent decisions, the Illinois Appellate Court confirmed that Illinois courts are precluded, except in rare circumstances, from second-guessing the decisions of educational institutions regarding students. In both...more

School Administrators Had Duty to Warn and to Report Abuse by Former Teacher

by Franczek Radelet P.C. on

An Illinois appellate court ruled that school administrators had a duty to warn another school district and its students of the danger of a former teacher who had molested students. The school administrators also had a duty...more

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