Disciplinary Proceedings

News & Analysis as of

Bridging the Week - July 2016

Government Seeks Maximum Sentence in Coscia Criminal Action: The United States Attorney’s Office in Chicago requested last week that the judge presiding over the criminal trial of Michel Coscia impose the maximum sentence...more

Former Yale Basketball Captain Sues University Over Sexual Misconduct Expulsion

Jack Montague, who was expelled from Yale University earlier this year following his involvement in an alleged sexual assault, recently filed a lawsuit against the University for allegedly mishandling the investigation and...more

How Rude! Incivility and the Groia Appeal

That loud whirring you heard earlier this week? It was the sound of Ontario’s 50,000 (or so) lawyers collectively printing the 169-page, 445-paragraph decision in Groia v The Law Society of Upper Canada. The case has been...more

Health Alert (Australia) June 13, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Judgments: Victoria 1 June 2016 - JPP v Department of Health and Human Services (Review and Regulation)...more

Health Alert (Australia) June 6, 2016

In This Issue: - Judgments; Legislation; and Reports. - Excerpts from Judgments: Queensland 24 May 2016 - Zahedpur v Idameneo (No 123) Pty Ltd [2016] QCA 134 - Mr Zahedpur is a medical...more

Are emails sent at work private?

In Garamukanwa v. Solent NHS Trust [2015], the EAT has upheld a finding that Article 8 of the European Convention on Human Rights was not engaged where an employer had used material during a disciplinary hearing that was...more

Right to Privacy in Disciplinary Proceedings

In Garamukanwa v Solent NHS Trust UKEAT/0245/15, the Employment Appeal Tribunal (EAT) considered whether an employee had a reasonable expectation of privacy in respect of material on his mobile phone during disciplinary...more

Dismissal for "Pulling a Sickie" Was Fair

In Metroline West Ltd v Ajaj UKEAT/0185/15/RN, the Employment Appeal Tribunal (EAT) considered the fairness of a dismissal of an employee who had exaggerated his sickness. Mr Ajaj was employed as a bus driver for...more

Internal Investigative Reports That Lead to Discipline Are Not Exempt Adjudicatory Records under FOIA

An Illinois Appellate Court has further limited the public records that a public body can withhold from disclosure under Section 7(1)(n) of the Freedom of Information Act, which exempts “records relating to a public body’s...more

California Appellate Court Finds College Student Accused of Sexual Assault Was Denied Due Process

In a ruling sure to reverberate on college campuses across the nation, a California appeals court unanimously reversed the trial court’s ruling in Doe v. Univ. of Southern California. In Doe, a student (“Doe”) sued the...more

Be Alert Asia Pacific: Employment Law Newsletter - The dangers of inflexible disciplinary procedures

A recent Hong Kong appeal decision of the Court of First Instance concerned the application of disciplinary procedures to an employee whose performance had already been reviewed under a performance improvement plan (PIP)....more

Doe v. Brandeis University : Implications for University Disciplinary Systems and Policies

Case Background - Brandeis University initiated disciplinary proceedings against a student, John Doe, who allegedly engaged in sexual misconduct with another student, J.C. The two students had been in a romantic...more

Ethics Opinion Prevents Double Dipping in a Contingency Fee Arrangement

Attorneys cannot double dip on contingency fees to settle third party liens or claims. In Ethics Opinion RO-2015-01, the Disciplinary Commission of the Alabama State Bar addressed whether or not a lawyer representing a...more

Firing someone returning from leave

Taking action against an employee after they return from a Family and Medical Leave Act absence can expose an employer to claims of FMLA retaliation. But sometimes it takes an employee’s absence to learn about that employee’s...more

Professional Regulation and Ungovernability

Riccioni v. Law Society of Alberta, 2015 ABCA 62 (CanLII) (Alta CA), upholding a decision by the Law Society to disbar one of its members in part for ungovernability - Earlier this year, the Alberta Court of Appeal...more

Health Alert (Australia) - January 25, 2016

In This Issue: -Judgments; Legislation; and Reports -Excerpt from Judgments Commonwealth. Fair Work Commission 15 January 2016 - Lawrence v Calvary Home Care Services Ltd [2016] FWC 175 This...more

UK Employment Law Briefing: Our Practical Guide To The Employment Law Developments Most Likely To Impact On Your Business

Disciplinary Procedures - There have been a number of recent decisions, all with a practical impact on the conduct of disciplinary procedures. Right to be accompanied - In Stevens –v- University of Birmingham,...more

Naughty Neonatal Nurse Nixed After Nineteen Years; Hospital Wins Age Discrimination Lawsuit

A veteran neonatal nurse practitioner who was fired after one too many acts of misconduct could not prove age discrimination, a federal appeals court recently confirmed. The case presents healthcare employers with a good...more

A Double-Edged Sword: Federal Abstention in the Student Disciplinary Hearing Context

As higher education institutions struggle to implement the Department of Education’s ever-expanding rules governing sexual violence on campus, many student respondents involved in disciplinary proceedings are returning fire...more

Treasury makes Payment Account Regulations

The Payment Account Regulations 2015 have been published, together with an explanatory memorandum. The Regulations implement the Payment Accounts Directive (PAD) with the following main features...more

SMR disciplinary powers to come into force

Treasury has made The Financial Services (Banking Reform) Act 2013 (Commencement No. 9) (Amendment) Order 2015. It amends the individual accountability regime in FSMA governing individuals in UK banks under the Senior...more

How to Deal with Grievances During Disciplinary Procedures

Could UK Employers Risk an Unfair Dismissal Claim if They Do Not Pause the Process? One issue which can trouble HR professionals is how to deal with a grievance lodged by an employee during the course of a disciplinary...more

Treasury gives FCA AIFMR disciplinary powers

Treasury has given FCA new disciplinary powers via the Financial Services and Markets Act 2000 (Misconduct and Appropriate Regulator) Order 2015. The order amends section 66A of the Financial Services and Markets Act 2000...more

Suspended Student Sues Penn State University Alleging New Sexual Misconduct Investigative Procedures Violate Due Process

Last week, a federal judge in Pennsylvania granted injunctive relief to a student who was suspended from Penn State University (the “University”) for alleged sexual misconduct. Specifically, the judge issued an order...more

Standard of Review in Discipline Matter

Professional Conduct Committee of the Saskatchewan College of Paramedics v. Bodnarchuk, 2015 SKCA 81, reinstating a decision of the College Discipline Committee. A paramedic was disciplined by a Discipline Committee of...more

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