686 results for 'cat:"Education"'.
J. Lewis denies USC's motion for summary judgment. The former student alleges sexual harassment against a professor, as well as state law causes of action for reckless infliction of emotional distress, civil assault, and civil battery. She also brings claims against USC for negligent failure to advise and breach of fiduciary duty. The student says she informed a mental health counselor of the alleged sexual harassment, but the counselor failed to report it. Though the student's revealing of initial occurrences would have occurred outside the limitations period, later events occurred within limitations. The relationship between a student and her on-campus therapist, also, is different from that between an unaffiliated therapist and client. USC's argument regarding the scope of fiduciary duty is misapplied.
Court: USDC South Carolina Aiken, Judge: Lewis , Filed On: May 16, 2024, Case #: 3:21cv1197, NOS: Education - Civil Rights, Categories: Civil Rights, education, Fiduciary Duty
J. Hull finds that the trial court properly denied a petition filed by school districts seeking to continue receiving pass-through property tax payments after the 2012 dissolution of redevelopment agencies. The redevelopment agency was required to pay the school districts according to one of two statutory schemes, but not both. Since the parties had entered agreements with payment caps, the obligation to make pass-through payments ended when the payment caps were reached. Affirmed.
Court: California Courts Of Appeal, Judge: Hull, Filed On: May 16, 2024, Case #: C097429, Categories: education, Property, Tax
J. Agee finds the lower court properly denied a preliminary injunction to the parents in a First Amendment suit seeking an injunction allowing them to opt their children out of English classes that use the Pride Storybooks, a collection of LGBTQ-inclusive children's books. At this early stage, the parents failed to show that the inclusion of the books coerced their children into believing opinions that were in conflict with their religious beliefs. Affirmed.
Court: 4th Circuit, Judge: Agee, Filed On: May 15, 2024, Case #: 23-1890, Categories: education, First Amendment, Injunction
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J. Cogburn grants a school district’s motion to dismiss civil rights violations allegations brought against it by a student’s parents, who proceed pro se. According to federal civil procedure, the parents of a minor must name the child as the party of interest even if they are proceeding on the minor’s behalf. The parents in this case have failed to do so. Also, parents may not proceed pro se in federal court. However, the parents’ complaint is dismissed without prejudice.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: May 14, 2024, Case #: 3:24cv7, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, education
J. McShane grants the nonprofit association summary judgment against the student's complaint that the association wrongfully denied him a fifth-year hardship waiver to play football during his final year of high school, even though the student had several mental health disabilities including depression, post-traumatic stress disorder, oppositional defiance disorder and ADHD. The student argues that the association did not provide a reasonable accommodation when it denied his fifth-year eligibility waiver request, but a blanket fifth-year hardship waiver for any student with an ADA-qualifying disability would fundamentally alter the association's eight-semester rule, which is already an exception for disabled students. Also, the student does not adequately allege that the association denied his eligibility because of his disability.
Court: USDC Oregon, Judge: McShane, Filed On: May 13, 2024, Case #: 6:22cv1228, NOS: Amer w/Disabilities - Other - Civil Rights, Categories: Ada / Rehabilitation Act, education
J. Grasz finds a lower court properly dismissed the parents of a disabled child's Individuals with Disabilities Education Act violations claims. The parents argued that the school district failed to properly develop an individualized education program on their high school aged child's behalf, who suffers from hyperactivity disorder, impaired vision, and various intellectual challenges. However, the district sufficiently showed in court that it complied with the IDEA process when it drafted a new customized IEP for the student, and that it was not obligated to include preferences of parents in establishing decisions of its formulation. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: May 10, 2024, Case #: 22-2506, Categories: Ada / Rehabilitation Act, education
J. Reeves finds for school defendants in false imprisonment claims because evidence does not indicate a teacher forcibly restrained a student, and dismisses disability discrimination claims brought against school staff as redundant to discrimination claims brought against the school. Claims contending a student suffered emotional distress after hearing the teacher use the N-word should also be dismissed. While the teacher's use of "an insensitive and blatantly racist word" would be inappropriate even if used for educational purposes, as claimed by the teacher, "outrageous conduct requires conduct so extreme in degree as to be regarded as atrocious." Here, the teacher had asked if anyone in the class was African American, and the student declined to raise her hand for feeling "embarrassed" and "singled out," and he contends she contends the word had been used in an educational context.
Court: USDC Eastern District of Kentucky, Judge: Reeves, Filed On: May 10, 2024, Case #: 2:23cv151, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, education, Emotional Distress
J. Sullivan finds that the district court properly dismissed disability discrimination claims brought after a student who has "Asperger's Syndrome" was told to stay away from three classmates following an incident during freshman orientation. Precedent holds that emotional damages are not available under the disabilities act, and the claims could not be reframed as economic absent a contract breach. Meanwhile, the request for declaratory and injunctive relief was moot because the student had graduated. Affirmed.
Court: 2nd Circuit, Judge: Sullivan, Filed On: May 10, 2024, Case #: 23-1217, Categories: Civil Procedure, Ada / Rehabilitation Act, education
J. Harris finds the lower court improperly granted summary judgment to the teacher. A longtime teacher of English and drama at a Catholic high school sued for sex discrimination under Title VII after the school fired him for his plans to marry his same-sex partner. The complaint falls squarely into the ministerial exception, a legal doctrine barring the application of anti-discrimination laws to religious institutions' employment relationships with its ministers. The teacher played a vital role as a messenger of the school's faith making him a minister for the point of the exception. Reversed.
Court: 4th Circuit, Judge: Harris , Filed On: May 8, 2024, Case #: 22-1440, Categories: education, Employment Discrimination
J. Chun denies the university president's motion to dismiss the retaliation claim in the school faculty member's complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausible states a First Amendment retaliation claim, because the school faculty member's speech concerned a matter of public concern, and the court cannot employ the applicable Pickering balancing test at this stage.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 8, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Employment Discrimination
J. Wood finds the county court improperly dismissed the school football coach's Teacher Fair Dismissal Act claims. The court dismissed the claims with prejudice, finding they were precluded by the coach's failure to “administratively appeal” the district's decision to terminate. A cited case involved a teacher’s contract being changed for a subsequent school year. In this case, the district terminated the contract midway through the year, resulting in financial consequences during that same year. The court erroneously found the coach's signing of the subsequent year's contract precluded his recovery for the midyear termination under the act. Reversed.
Court: Arkansas Court Of Appeals, Judge: Wood , Filed On: May 8, 2024, Case #: CV-22-592, Categories: education, Employment, Contract
Per curiam, the circuit finds that the district court properly dismissed Title IX claims stemming from Columbia University's investigation of a sexual assault reported against a coed by another student. The coed's "deliberate indifference" charge failed in light of university protocols for handling allegations of peer harassment, and while she may have advocated for different procedures, Title IX did not give her the right to make particular remedial demands. Meanwhile, the court did not abuse its discretion in denying her third attempt to amend and dismissing her claim with prejudice. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: May 7, 2024, Case #: 23-960-cv, Categories: Civil Procedure, Civil Rights, education
J. Beales finds a lower court did not err when it found that a teacher and football coach had not shown he was defamed by a school report that found he had “loudly uttered numerous statements incorporating profanity around students.” Because the allegedly defamatory statements were made as part of an official report, the officials’ statements were “entitled to qualified privilege and, therefore, could not be defamatory.” Affirmed.
Court: Virginia Court Of Appeals, Judge: Beales, Filed On: May 7, 2024, Case #: 0702-23-3, Categories: education, Defamation
J. Samour finds the appeals court properly overturned the trial court's decision to grant summary judgment to the university on contract claims filed by the male student accused of rape. When read in conjunction with the entirety of the school's Office of Equal Opportunity procedures handbook, the requirement for a "thorough, impartial, and fair" investigation into allegations of sexual assault created a contractual relationship between the parties. Additionally, the male student's allegations the university failed to interview four of the five witnesses he presented and failed to seek out missing portions of the victim's medical examination file render his contract claim plausible and prevent judgment in favor of the university. Affirmed in part.
Court: Colorado Supreme Court, Judge: Samour, Filed On: May 6, 2024, Case #: 2024CO27, Categories: education, Due Process, Contract
J. Diaz finds the lower court properly entered judgment voiding the contract between the star basketball player and his former agents. The basketball star signed an agreement with an agency after he played his final game for Duke but before he was drafted into the NBA. The agents argued that the player didn't count as a student-athlete for the purpose of the North Carolina Uniform Athlete Agents Act, which governs contracts between student-athletes and their agents. The player was still a student-athlete when he signed the contract because he had not yet left the university or signed a professional contract. Affirmed.
Court: 4th Circuit, Judge: Diaz, Filed On: May 6, 2024, Case #: 22-1793, Categories: education, Tort, Contract
J. Chun declines to dismiss the school faculty member's retaliation claim in his complaint alleging that the university president wrongfully fired the faculty member for putting a statement in his class syllabus, emails and outside his faculty office door about the Coast Salish tribe's claim to land that read, "I acknowledge that by the labor theory of property the Coast Salish people can claim historical ownership of almost none of the land currently occupied by the University of Washington." The school faculty member plausibly alleges a First Amendment retaliation claim as his speech “related to scholarship or teaching." While the university and its president cite the "Johnson v. Poway Unified School District" decision that allows discipline of speech on school grounds, that case's analysis focuses on secondary school education, not college education.
Court: USDC Western District of Washington, Judge: Chun, Filed On: May 3, 2024, Case #: 2:22cv964, NOS: Other Civil Rights - Civil Rights, Categories: education, Employment Retaliation, First Amendment
J. Easterbrook finds that the lower court improperly found for the university on a male student's sex discrimination claims stemming from its investigation of sexual assault claims against him. The student never explained what remedy he seeks, and this suit is not a live claim unless compensatory damages are available for him. Further, it remains a question whether the student is entitled to proceed anonymously in this case, as the lower court must conduct a hearing on whether the revelation of the student's name will also identify his alleged victim. Vacated.
Court: 7th Circuit, Judge: Easterbrook, Filed On: May 3, 2024, Case #: 22-2925, Categories: Civil Procedure, Civil Rights, education
J. Moulton finds that the lower court improperly dismissed a youth-led organization's claim that the state and city actors in charge of New York City's public school system have denied Black and Hispanic students students their constitutional right to a basic education. Although the facts supporting an implication of discriminatory intent are not fully developed, claimants deserve the benefit of the doubt that they could be able to establish the truth before a judge. The disparate impact on students is clearly severe and undisputed, and the lack of other facts is understandable at this time since discrimination is rarely admitted. Reversed.
Court: New York Appellate Divisions, Judge: Moulton, Filed On: May 3, 2024, Case #: 02369, Categories: Civil Rights, education
J. Barrett denies the student's motion for a preliminary injunction, ruling the university provided him notice of the sexual assault allegations within a month of the victim's submission of her final report and did not rely on any absent witness testimony when it expelled him; therefore, no due process rights were violated during disciplinary proceedings and the student is not entitled to an injunction.
Court: USDC Southern District of Ohio, Judge: Barrett, Filed On: May 2, 2024, Case #: 1:23cv284, NOS: Education - Civil Rights, Categories: Civil Rights, education, Due Process
J. James dismisses an alternative writ by a company related to the closure of a university in Portland after the company entered into a 20-year administrative services agreement to share costs and tuition revenue to grow the university's educational programs. “HotChalk has not established that the normal appellate process would not constitute a plain, speedy, and adequate remedy in this case.”
Court: Oregon Supreme Court, Judge: James, Filed On: May 2, 2024, Case #: S069765, Categories: education, Evidence
Per curiam, the appellate division finds that the lower court properly permitted a victim of child sexual abuse to refile his claim with a request for punitive damages. The Child Victims Act creates a two-year revival window for previously time-barred abuse claims, such as the victim's being abused by multiple teachers at his school. Claim revival statutes like this do not violate due process so long as they are enacted as a reasonable response. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02339, Categories: Civil Procedure, education
Per curiam, the appellate division finds that the lower court improperly dismissed a contract and negligent hiring suit filed by the family of a student against a teacher who bullied him on a school trip. A claim should be read liberally at this early stage in the proceedings, and the various theories were not necessarily duplicative of one another. For example, the cause alleging unjust enrichment was based on the parents' having paid fees for the school trip, which can be dismissed without affecting the negligent hiring charge. Reversed in part.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: May 1, 2024, Case #: 02341, Categories: Civil Procedure, education, Contract