News & Analysis as of

Students Appeals

Clark Hill PLC

Court Upholds Almost $2 Million In Jury Award To Male Coach On Defamation Claim Against Student Who Spread False Rumors Of Sexual...

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After a male university student told his mother and girlfriend that a male coach was rumored to be having sex with one of his female players, the mother reported the rumor to the university. The university conducted a Title...more

McGuireWoods LLP

Executive Order Seeks Reform of Higher Education Accreditors’ Processes

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On April 23, 2025, the White House issued an executive order directing the Secretary of Education to investigate and hold accountable accreditors of institutions of higher education that engage in unlawful discriminatory...more

Clark Hill PLC

Federal courts block Title VI certification requirement

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On April 24, the United States District Court for the District of Columbia blocked the U.S. Department of Education’s (USDOE) efforts to enforce its interpretation of Title VI and its associated certification requirement. The...more

Parker Poe Adams & Bernstein LLP

Prompt Response to Alleged Student Harassment Helps Defeat Title IX and Related Claims

Earlier this month, the Eleventh Circuit Court of Appeals (which includes Georgia) affirmed the dismissal of Title IX and Section 1983 claims filed by volleyball players against the University of South Alabama and its...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Marshall Dennehey

Legal Update for Special Education Law – Case Law Update

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Court Allows Supplementation of Record in Special Education Appeal, Weighing Child Find Obligations. Q.H. by and through Regan H. v. Scranton School Dist., 2025 WL 419529 (M.D. Pa. Feb. 6, 2025)...more

Marshall Dennehey

Ohio Law Does Not Conflict with the Individuals with Disabilities in Education Act

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The Ohio Department of Education and Workforce (DEW) oversees Ohio’s implementation of the Individuals with Disabilities in Education Act (IDEA), a federal law that entitles children with disabilities to a free appropriate...more

Fox Rothschild LLP

Help Wanted: Chief Justice’s Commission on Professionalism Seeks Appellate Attorneys as Moot Court Mentors

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This year, the North Carolina Mock Trial Program, in conjunction with the Chief Justice’s Commission on Professionalism (CJCP) and the May 20th Society, will offer the chance to learn about our State’s rich history and our...more

Clark Hill PLC

Ninth Circuit: Schools Cannot Add New Charges and Penalties Without Specific Notice and Meaningful Opportunity to Respond

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In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more

Clark Hill PLC

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

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In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

Faegre Drinker Biddle & Reath LLP

Eleventh Circuit’s Fearless Fund Ruling and Its Potential Effect on the Use of Race-Conscious Criteria in Grantmaking

In the wake of last year’s Supreme Court decision in Students for Fair Admissions, Faegre Drinker has been tracking numerous legal developments regarding the use of race-conscious criteria in various fields of endeavor,...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

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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

Spilman Thomas & Battle, PLLC

WV Transgender School Athlete Successful in U.S.Court

On April 16, 2024, the U.S. Court of Appeals for the Fourth Circuit determined that because West Virginia law and practice have long provided for sex-differentiated sports teams, the sole purpose of the West Virginia "Save...more

Holland & Knight LLP

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

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Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more

Bricker Graydon LLP

[Webinar] Level 1: Annual Clery Training and Intro to Title IX Basics (Higher Education) - April 2nd - 3rd, 2:00 pm - 5:00 pm ET

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Join Bricker Graydon Higher Education attorney, Melissa Carleton for a virtual 2-day, Level 1: Annual Clery Training and Intro to Title IX Basics. Attendees will need to attend both days to be fully compliant. This training...more

Bricker Graydon LLP

[Webinar] Level 2: Title IX Appeals Officer Training (Higher Education Title IX Series) - February 19th - 20th, 2:00 pm - 5:00 pm...

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Bricker Graydon’s Higher Education Team is pleased to announce a Winter 2024 series of Title IX trainings, all available virtually via webinar. All training events use discussions of hypothetical situations to encourage...more

Kohrman Jackson & Krantz LLP

What’s the Difference Between Expulsion and Dismissal? Understanding Education Sanctions

Expulsion and dismissal are the most severe sanctions an academic institution can impose. Both labels connote student separation from the school.  Whenever a student is facing expulsion or dismissal, the student should enlist...more

Parker Poe Adams & Bernstein LLP

How School Districts Can Avoid Common Errors That Lead to Reversals in Student Discipline Appeals

Georgia school districts are on track this calendar year to see a sharp uptick in the number of student discipline decisions being reversed on appeal by the Georgia State Board of Education.  While each case is...more

Verrill

Connecticut Supreme Court Opinion Sheds Light on Quasi-Judicial Standard in Context of University Disciplinary Proceeding

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Recently, the Connecticut Supreme Court analyzed the availability of absolute immunity for participants in quasi-judicial proceedings, specifically in relation to the dismissal of a complaint by a Yale University student...more

Fisher Phillips

Recent Ruling on School’s Transgender Bathroom Policy Leads to Divide Among Federal Appeals Courts: Will SCOTUS Weigh In?

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A Florida public school’s transgender bathroom ban was recently upheld by a federal appeals court, leading to a circuit split that may need to be resolved by the U.S. Supreme Court. Specifically, in a 7-4 ruling, the 11th...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - April 25th - 26th, 9:00 am - 12:00 pm EST

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX decision-maker training - April 20th - 21st, 9:00 am - 12:00 pm EST

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX investigator training - April 13th - 14th, 9:00 am - 12:00 pm EST

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX coordinator training - May 4th - 5th, 9:00 am - 12:00 pm EST

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

Bricker Graydon LLP

[Ongoing Program] Level 1: Higher education annual Clery training and intro to Title IX basics - April 6th - 7th, 9:00 am - 12:00...

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Title IX Regulations Training (Higher Education) - Bricker & Eckler’s higher ed team is pleased to announce a series of Title IX trainings, all available via online webcast. All training events use discussions of...more

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