News & Analysis as of

Due Process Policies and Procedures

Miller Canfield

Sixth Circuit: Emeritus Professor Status Does Not Create Constitutionally Protected Property Interest

Miller Canfield on

On December 5, 2023, the U.S. Court of Appeals for the Sixth Circuit ruled that emeritus status does not necessarily create a constitutionally protected property interest. Peterson v Johnson, _F.4th_, 2023 WL 8431635 (for...more

Bricker Graydon LLP

Federal Circuit Court Addresses Student Athlete Misconduct Issues (Part 1)

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The United States Court of Appeals for the Second Circuit has published a significant ruling addressing college student athletes’ First Amendment, procedural due process, and Title IX rights. The case, Radwan v. Manuel,...more

Woods Rogers

Spring Cleaning For Virginia Community Associations Top 10 Policies and Procedures

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The pandemic that took hold in 2020 created uncertainty and required community associations to adapt to new norms and its policies and procedures.  The country looked forward to a new year with new hope.  A new year usually...more

Dechert LLP

Ninth Circuit Adopts “Far Simpler” Standard for Title IX Claims: Student’s Case May Proceed to Discovery When Alleged Facts Raise...

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Key Takeaways - - The Ninth Circuit’s recent decision in Schwake v. Arizona Board of Regents is the latest to highlight the need for fair process in college and university disciplinary proceedings involving sexual...more

Dechert LLP

U.S. Federal Court of Appeals Confirms that Schools Must Provide Fair Process in School Disciplinary Proceedings—No Ifs, Ands, or...

Dechert LLP on

Key Takeaways: The Sixth Circuit’s Doe v. Oberlin College decision confirms that in college and university disciplinary cases, fair processes are not optional; they apply to everyone alike—whether the accused or the...more

Franczek P.C.

College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

Franczek P.C. on

In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more

Littler

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

Littler on

In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more

Manatt, Phelps & Phillips, LLP

Corporate Investigations & White Collar Defense - October 2015

"Wherefore Art Thou Due Process?" Part III - Why it matters: It is time for another installment in our continuing "Wherefore Art Thou Due Process?" coverage into the ongoing constitutional challenges to the SEC's...more

Manatt, Phelps & Phillips, LLP

Employment Law - July 2015

The Impact of National Same-Sex Marriage for Employers - Why it matters: How will employers feel the impact of the U.S. Supreme Court’s decision in Obergefell v. Hodges? The landmark ruling that the Fourteenth...more

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