News & Analysis as of

Due Process Students

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Informal Resolution Training - October 1st - 2nd, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Hearing Officer Training - September 26th - 27th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Bricker Graydon LLP

[Ongoing Program] Level 2 Title IX Coordinator Training - September 23rd - 24th, 2:00 pm - 5:00 pm ET

Bricker Graydon LLP on

Bricker Graydon’s Higher Education Fall 2024 Title IX Trainings - As the landscape of Title IX continues to evolve, it's essential for educational institutions to stay ahead of the curve. Our Fall 2024 Title IX Trainings...more

Fisher Phillips

Summer Reading for Educational Leaders: Resources to Help You Plan for the 2024-2025 School Year

Fisher Phillips on

As you recover from another whirlwind of a school year, we hope you can take some time to relax and enjoy your summer break. The next few months will be the perfect time to – at your leisure – catch up on this past year’s...more

Fisher Phillips

Appeals Court Hands Medical School a Win in Resident’s Due Process Case: Key Takeaways and 6 Steps You Can Take Now

Fisher Phillips on

An appeals court recently sided with a medical school by holding that it did not violate a medical resident’s due process rights in dismissing her from its residency program. In reaching this decision, the 6th U.S. Circuit...more

Fisher Phillips

California Private School Hit With $1 Million Verdict for Expelling Students Without “Due Process” – The 3 Steps Your School...

Fisher Phillips on

A California jury just punished a private school that expelled two students for off-campus activity with a $1 million dollar verdict – an outcome that should compel schools around the country to ensure they are applying due...more

Sands Anderson PC

Fourth Circuit Upholds Dismissals in Title IX Cases, Leaves Threshold Constitutional Question Unresolved

Sands Anderson PC on

This year, the Fourth Circuit dealt with two Title IX cases involving allegations of due process violations. In these cases, the Court assumed, but did not decide, that university students have a constitutionally protected...more

Sands Anderson PC

WDVA Holds that Victim and Accused are not “Similarly Situated” in a Title IX Equal Protection Claim

Sands Anderson PC on

In a recent education law decision, the Honorable Norman K. Moon of the Western District of Virginia dismissed the equal protection claims of a plaintiff, the accused, who alleged that under Title IX, he had not been afforded...more

Dickinson Wright

U.S. Supreme Court Decides Perez v. Sturgis Public Schools

Dickinson Wright on

The United States Supreme Court issued a decision in Perez v. Sturgis Public Schools, No. 21-887, opening the door for future claims against schools for compensatory monetary damages. In its unanimous opinion, the Supreme...more

Franczek P.C.

U.S. Supreme Court Rules That IDEA Exhaustion Requirements Do Not Preclude Money Damages Under The ADA

Franczek P.C. on

The U.S. Supreme Court unanimously ruled in favor of a deaf student in Perez v. Sturgis Public Schools, 143 S. Ct. 81 (U.S. 2022), where the Court held that the Individuals with Disabilities Education Act (“IDEA”) exhaustion...more

Miller Canfield

SCOTUS: Public School Children with Disabilities Can Get Compensatory Damages

Miller Canfield on

Can public school children with disabilities sue their schools for violations of the federal antidiscrimination statutes and collect compensatory damages before exhausting their administrative remedies under the Individuals...more

Franczek P.C.

Trends in Due Process Litigation

Franczek P.C. on

Over the past year and a half, school districts have been inundated with high numbers of due process complaints and mediation requests. Looking back, it appears that as the wave of COVID-19 cases finally began to slow, the...more

Bricker Graydon LLP

College Athlete Misconduct: What Process is Due? (Part 2)

Bricker Graydon LLP on

Last week, we began discussing Radwan v. Manuel, a case recently decided by the U.S. Circuit Court for the Second Circuit regarding discipline faced by a soccer player at the University of Connecticut, a public institution....more

Bricker Graydon LLP

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

Bricker Graydon LLP on

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

Pullman & Comley - School Law

Wins Scored for Transgender Students and Athletes

In neighboring states last week, the federal courts issued two decisions affirming the rights of transgender students and athletes.  In Connecticut, the Second Circuit of the U.S. Court of Appeals affirmed the dismissal of a...more

Bowditch & Dewey

The First Circuit Dismisses Former UMass Students’ Appeal Challenging Vaccine Policies as Moot

Bowditch & Dewey on

On Thursday, August 4, 2022, the First Circuit Court of Appeals dismissed as moot an appeal that was brought by two former University of Massachusetts students claiming that the schools’ vaccine policies were unconstitutional...more

Franczek P.C.

Appeals Court Rejects Bid to Block Indiana University Vaccine Policy

Franczek P.C. on

Like many higher education institutions, Indiana University will require all students, faculty, and staff to get a COVID-19 vaccine before returning to campus this fall, subject to certain exemptions. Eight students who...more

Fisher Phillips

Title IX – Will Everything Old Be New Again?

Fisher Phillips on

[Warning: This article does not reference viruses, vaccines, or mask-wearing.] The education world is in a state of flux, legally speaking. Any day now, the U.S. Supreme Court will further opine on the extent to which the...more

Tucker Arensberg, P.C.

Court Denies Injunction to Student Claiming Denial of Rights to Participate in Extracurricular Activity

Tucker Arensberg, P.C. on

T.W., a minor, through Waltman v. Southern Columbia Area School District (2020 WL 7027636) (M.D. Pa. 2020), Federal District Court for Middle District of Pennsylvania denies student’s and parents’ motion for preliminary...more

TNG Consulting

Key Takeaways from Doe v. University of the Sciences

TNG Consulting on

Doe v. Univ. of the Sciences, No. 19-2966 (3rd Cir., May 29, 2020) - Summary of procedural history: Plaintiff, a senior at The University of the Sciences in Philadelphia filed suit alleging USciences discriminated...more

Spilman Thomas & Battle, PLLC

COVID-19 and Unprecedented: Litigation Insights - Issue 24, September 2020

This 24th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees a flurry of activity around government restrictions on mass gatherings and business operations -- including a significant ruling from...more

Franczek P.C.

What Are Hearing Officers Saying about Remote Learning?

Franczek P.C. on

Now that many of us have been doing some form of remote learning for close to 7 months, we are starting to see hearing officers and state agencies weigh in to resolve complaints related to the appropriateness of remote...more

Dechert LLP

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

Dechert LLP on

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

Spilman Thomas & Battle, PLLC

Unprecedented: COVID-19 Litigation Trends - Issue 18, 2020

This 18th edition of Unprecedented, our weekly update on COVID-19-related litigation, sees us return to what, even in these early days of the pandemic, must be considered as some of the hottest topics. Thus, we discuss new...more

Franczek P.C.

Will Hearing Officers and Courts Order In-Person Instruction as Stay-Put?

Franczek P.C. on

While only a handful of cases have been reported related to districts’ provision of special education services remotely, we are watching carefully for lessons learned. So far, courts have not required in-person instruction as...more

49 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide