News & Analysis as of

Students Appeals Educational Institutions

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

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

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

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

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

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

Miles & Stockbridge P.C.

Recent Maryland Court of Appeals Decision Limits Protections for Educators Facing Negligence Claims

In a recent decision, the Maryland Court of Appeals reversed lower rulings related to federal preemption of state law and Maryland’s educational malpractice doctrine. The ruling could have significant implications for...more

Franczek P.C.

Third Circuit Finds that Deliberate Indifference to Third-Party Conduct May Lead to Title IX Liability

Franczek P.C. on

In January, the U.S. Court of Appeals for the Third Circuit affirmed that Title IX provides adequate notice to federal funding recipients of their responsibility to respond to known sexual harassment if they have control over...more

Franczek P.C.

Appellate Court Rules on COVID-19 Mitigation TRO

Franczek P.C. on

Just before midnight yesterday, the Appellate Court issued its decision on the appeal of the February 4, 2022 TRO enjoining the Governor from enforcing certain COVID-19 mitigation measures including universal masking. With...more

Franczek P.C.

Recent Illinois Appellate Decision Reminds Schools of Standards for Residency Decisions

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Although school districts evaluate residency claims on an almost daily basis, it is rare for an appellate court to weigh in on the standards that schools should use for that analysis. In a recent decision, Gwozdz v. Board of...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - December 7th, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Fisher Phillips

Student Protest Activity Leads to Massive Verdict Against University - Schools Face Legal Risks Related to Protest Movement

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It may be common to see protest activity on your campus – but thankfully it is not common to see a massive jury award rendered against an educational institute due to that activity. An ongoing dispute at an Ohio college that...more

Bricker Graydon LLP

[Ongoing Program] Level 2: Higher education Title IX appeals officer training - August 31st, 9:00 am - 5:00 pm EST

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Bricker & Eckler’s higher ed team is pleased to announce a full series of Title IX trainings for Summer and Fall 2020, all available via online webcast. All training events use discussions of hypothetical situations to...more

Troutman Pepper Locke

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision

Troutman Pepper Locke on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

Franczek P.C.

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

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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

Rumberger | Kirk

Third DCA Confirms that Florida Statute Extends Beyond School Property and into Cyperspace

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On October 16, 2019, Florida’s Third District Court of Appeal upheld a conviction under Florida Statute section 877.13. The statute makes it a second degree misdemeanor for someone “[k]nowingly to disrupt or interfere with...more

FordHarrison

"Here We Go Again": Transgender Bathroom Dispute Headed Back to the Fourth Circuit

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The protracted case of Gavin Grimm is set to be heard once again by the United States Court of Appeals for the Fourth Circuit. ...more

Fisher Phillips

Labor Department’s New Approach Is A Game Changer For Student Internships

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The U.S. Department of Labor rang in the new year by announcing that it will abandon its rigid six-part test for determining whether interns qualify as employees under federal wage and hour law, introducing some much-needed...more

Seyfarth Shaw LLP

Tenth Circuit Leaves Unresolved When Off-Campus Social Media Posts Can Subject Students to Discipline

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Seyfarth Synopsis: The U.S. Court of Appeals for the Tenth Circuit’s recent opinion in Yeasin v. Durham, No. 16-3367, 2018 WL 300553 (10th Cir. Jan. 5, 2018), addresses the “tension between some students’ free-speech rights...more

Franczek P.C.

ISBE Issues Guidance on Homeless Dispute Resolution Procedures

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The Illinois State Board of Education (“ISBE”) recently issued guidance addressing Homeless Dispute Resolution Procedures. This newly released document is intended to “bring clarity, fairness and consistency” to the dispute...more

Franczek P.C.

Appellate Court Determines that Student Handbook is not a Contract

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In Mulvey v. Carl Sandberg High School et al., a family sued its school district and various district officials and coaches alleging breach of contract for the District’s alleged failure to enforce the anti-bullying policies...more

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