688 results for 'cat:"Education"'.
J. Biggs partially denies the University of North Carolina’s motion for summary judgment following claims of racial discrimination brought by a Ph.D. candidate. Specifically, the candidate, a Black man, claims his dissertation committee plagiarized his work and re-attributed it to another student and did not behave this way with other candidates of different races. There is enough evidence to call the university and committee into question such that qualified immunity is suspended at this time.
Court: USDC Middle District of North Carolina, Judge: Biggs, Filed On: March 15, 2024, Case #: 1:20cv1050, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Immunity
J. Barker grants the school's motion for summary judgment on a high school student's constitutional challenge to the temporary revocation of his pro-life club. The student knew of the requirements of the Indiana Tort Claims Act under which certain claims were filed, and failed to satisfy form, timing and content requirements. No cogent argument has been made regarding claims of ineffective notice.
Court: USDC Southern District of Indiana, Judge: Barker , Filed On: March 15, 2024, Case #: 1:21cv3075, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Municipal Law
J. Dimke partially denies summary judgment to the family for their complaint that the school district's employee did not prepare an adequate emergency care plan for their child's asthma, which allegedly led to his death after 18 days on life support following a severe asthma attack. While it is undisputed that the school district had some knowledge of the child's asthma from previous school years, a dispute remains as to the extent and timing of this knowledge.
Court: USDC Eastern District of Washington, Judge: Dimke, Filed On: March 15, 2024, Case #: 4:19cv5038, NOS: Other Civil Rights - Civil Rights, Categories: education, Negligence, Wrongful Death
J. Wooton reverses the lower court's Dec. 1 order granting the public library's and parks and recreation district's writ of mandamus compelling the Board to disburse funds withheld from fiscal years 2024 and 2025 from a 2018 excess levy. Since all other county boards of education can seek approval of excess levies without restrictions, the court finds the obligations to fund the library and district in the 1967 and 2011 legislative special acts violates the equal protection clause of the West Virginia Constitution. Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Wooton , Filed On: March 15, 2024, Case #: 23-691, Categories: education, Government, Tax
J. Epley finds the lower court properly granted the school district's motion for summary judgment on race discrimination claims filed by a black employee. She failed to establish a prima facie case for discrimination, given that she was not replaced with an employee outside her protected class and the district had legitimate reasons not to renew her contract. Affirmed.
Court: Ohio Court Of Appeals, Judge: Epley, Filed On: March 15, 2024, Case #: 2024-Ohio-979, Categories: education, Evidence, Employment Discrimination
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J. Haight grants the assistant superintendent's motion for judgment on the pleadings, ruling the parents' failure to cite any specific actions taken by the official as an individual that infringed or may have infringed on their constitutional rights is fatal to all of their constitutional claims related to the alleged discrimination their children suffered.
Court: USDC Connecticut, Judge: Haight, Filed On: March 14, 2024, Case #: 3:22cv1130, NOS: Education - Civil Rights, Categories: education, First Amendment
J. Osteen denies a male university student’s motion for preliminary injunction following an investigation into allegations of rape and sexual assault brought against him by a female student. The male student, found responsible for sexual misconduct, counters by saying that procedural irregularities in the investigation and hearing were committed against him based on gender bias. However, the male student provides no evidence of gender bias or violation of the university’s Title IX policy.
Court: USDC Middle District of North Carolina, Judge: Osteen, Filed On: March 14, 2024, Case #: 1:24cv41, NOS: Education - Civil Rights, Categories: education, Tort, Assault
J. Sannes preserves claims for hostile work environment and Title IX gender discrimination against St. Lawrence University, who was sued by a sociology professor who claims she was drugged and raped by a fellow professor at his off-campus home. The court finds the complaint successfully imputes liability for the sexual assault onto the university under Title XI on the basis of deliberate indifference before and after the assault, and further sufficiently alleges that the alleged perpetrator’s actions after the sexual assault were threatening and constituted a hostile work environment. Additionally, the court trims a countercomplaint filed by the alleged perpetrator and preserves a single claim for defamation regarding Facebook posts she made alleging she was a victim of rape.
Court: USDC Southern District of New York, Judge: Sannes, Filed On: March 14, 2024, Case #: 8:23cv426, NOS: Employment - Civil Rights, Categories: education, Defamation, Assault
J. Kafker reverses in part the granting of summary judgment in favor of a university against members of its tenured faculty suing it for requiring them to obtain 50% of their individual salaries from external research funding to avoid salary cuts and being reduced to part-time employees, and for requiring that their external funding maintain a specific cost recovery rate to avoid reductions in the size of their labs. While summary judgment is appropriate concerning lab sizes, because nothing in the faculty members’ tenure documents guarantees lab space, it is not appropriate where it concerns economic security, which is included in the tenure documents and could limit the university’s ability to reduce salary and full-time status.
Court: Massachusetts Supreme Court, Judge: Kafker, Filed On: March 14, 2024, Case #: SJC-13472, Categories: education, Employment, Contract
J. Baylson denies Thomas Jefferson University’s motion for judgment on the pleadings over a female medical resident’s sex discrimination claim stemming from her allegedly being raped when at a party at the home of an attending male physician, but does order a new trial on on her Title IX claim. The jury’s verdict on the sex discrimination claim was not against the weight of evidence, however a new trial is warranted in part because the university’s counsel was not allowed to cross-examine important witnesses and because the court should not have excluded certain text messages that contradicted the medical resident’s testimony at trial.
Court: USDC Eastern District of Pennsylvania, Judge: Baylson, Filed On: March 14, 2024, Case #: 2:20cv2967, NOS: Employment - Civil Rights, Categories: education, Employment, Evidence
J. Seabright partially denies summary judgment to the university in a dispute with its women’s softball head coach, who claims the school refused to pay her the full salary for head coaches, despite paying male coaches more. The coach established that she and the male coaches, including her predecessor, were similarly experienced and were classified as part-time, just as she was, despite the university claiming her lower pay was based on the job status. The coach’s retaliation claims, however, meet the burden for summary judgment as there is no evidence that she suffered negative consequences for reported the pay gap, as was even promoted to head coach after the initial complaints.
Court: USDC Hawaii, Judge: Seabright, Filed On: March 13, 2024, Case #: 1:22cv400, NOS: Employment - Civil Rights, Categories: education, Evidence, Employment Discrimination
J. Toth denies the veteran's petition for a writ of mandamus seeking to prevent Veterans Affairs from limiting his continued entitlement to post-9/11 GI Bill education benefits while his administrative appeal proceeds. Though he said he will suffer irreparable harm if the issue was not resolved before the fall 2023 semester, he can still appeal any future adverse agency decision affecting the benefits, and so has an adequate alternative means of relief. Threat of irreparable harm has been removed by action that correctly calculated the veteran's eligibility for continued benefits before the semester began.
Court: Court Of Appeals For Veterans Claims, Judge: Toth , Filed On: March 13, 2024, Case #: 23-2589, Categories: education, Veterans, Due Process
J. Geraci rules in part against a college accused of disciplining a male student based on gender bias after he was accused of sexual assault by a female student. The student failed to identify express promises related to contract breaches, but a reasonable jury could find the college wrongfully flipped the burden of proof. Meanwhile, text messages from the female student cast doubts on her sexual assault allegations.
Court: USDC Western District of New York, Judge: Geraci , Filed On: March 11, 2024, Case #: 6:21cv6761, NOS: Education - Civil Rights, Categories: Civil Rights, education
J. Wolford dismisses claims contending the state wrongfully required Amish schoolchildren to receive vaccines against religious objections and issued non-compliance orders against Amish private schools because evidence does not indicate the state education commissioner had or will have any role in enforcing state public health laws. Meanwhile, the laws at issue do not contain hostility toward religious beliefs, and the fact that the state has not accomplished complete compliance among all students does not mean the law is not generally applicable.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 11, 2024, Case #: 1:23cv484, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education
[Modified.] J. Stratton adds one sentence calling for appellant to pay costs on appeal with no change in judgment. Substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 8, 2024, Case #: B290675, Categories: Civil Rights, education, Due Process
J. Wolford dismisses most counts in claims challenging the decision to allow a teacher to return to middle school after he asked an eighth-grader who had called something "gay" during class, "How would you like it if I called you a nigger?" Liability had not been asserted against the village, town, or city, and evidence did not indicate the teacher's comments were part of a wider pattern of misconduct. Meanwhile, the student failed to address the school district's opposition to due process claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: March 7, 2024, Case #: 6:22cv6567, NOS: Education - Civil Rights, Categories: education, Negligence, Due Process
J. Madsen finds that the lower court properly found that a school district violated a student's rights when it suspended him without following the suspension procedures. The district suspended the student and denied him his right to return when it was time, and by doing so, the district ignored the steps that must be taken under the law and violated the student's due process rights. The lower court also correctly found that providing the student with a compensatory education could be a proper remedy for the violation, and the matter is remanded to further determine what else that remedy may be. Affirmed.
Court: Washington Supreme Court, Judge: Madsen, Filed On: March 7, 2024, Case #: 101799-5, Categories: education, Due Process
J. Scudder finds that the lower court properly dismissed parents' challenge to the school district's Administrative Guidance for Gender Identity Support, which is a policy that provides direction to schools encountering students with questions about their gender identity. The parents level a broad pre-enforcement attack on the policy, without identifying any specific instance of the district applying the policy in a way that infringes on parental rights. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: March 7, 2024, Case #: 23-1534, Categories: Civil Rights, education
J. Stratton finds that substantial evidence supported a university's decision to use a combined investigator-adjudicator procedure in proceedings that resulted in a student's expulsion for intimate partner violence. Neither the original proceedings nor the appellate process violated the student's due process rights. Affirmed.
Court: California Courts Of Appeal, Judge: Stratton, Filed On: March 7, 2024, Case #: B290675, Categories: Civil Rights, education, Due Process
J. Kocoras grants the University of California, Berkeley engineering department motion for summary judgment, and partially grants the sued data analytics platform’s motion for summary judgment, on the university’s claims that the defendant infringed on its patents for programs designed to calculate object level profitability. The court mostly finds in the university’s favor in the patent dispute, but finds in the platform’s favor on the university’s claim that the platform induced infringement by encouraging its customers to use the university’s programs.
Court: USDC Northern District of Illinois, Judge: Kocoras, Filed On: March 7, 2024, Case #: 1:17cv7472, NOS: Patent - Property Rights, Categories: education, Patent
J. Sessions grants, in part, a university’s motion to dismiss in this negligence lawsuit brought by four female students. The students allege they were sexually assaulted, drugged and raped by fellow students, and say the university, its board of directors and administrators failed to properly investigate or hold the assailants accountable. The students have plausibly alleged the post-assault deliberate indifference claims, prohibited retaliation under Title IX and due process, so those claims proceed.
Court: USDC Vermont, Judge: Sessions, Filed On: March 7, 2024, Case #: 2:22cv212, NOS: Other Civil Rights - Civil Rights, Categories: education, Negligence, Assault
J. Watson denies the high school basketball coach's motion for summary judgment, ruling the parents' complaints about their daughter's playing time constituted protected speech. They criticized a public official, while the student's college basketball scholarship offer is sufficient to create an issue of fact regarding causation and at least cast doubt on the coach's claim she would have been cut regardless of the parents' complaints.
Court: USDC Southern District of Ohio, Judge: Watson, Filed On: March 6, 2024, Case #: 2:21cv985, NOS: Other Civil Rights - Civil Rights, Categories: education, First Amendment
J. Buller finds that a professor was properly disciplined for plagiarism in her academic work since she had faced prior discipline for plagiarism and had failed to include attribution in her work, while blaming editors rather than taking responsibility for the error. Affirmed.
Court: Iowa Court Of Appeals, Judge: Buller, Filed On: March 6, 2024, Case #: 23-0426, Categories: education, Employment
J. Laing grants a university's motion to dismiss a former BBC journalist's Equality Act claims. The journalist and professor argued that the university failed to accommodate his deficit hyperactivity disorder and his request to be promoted to a higher lectureship. However, the university sufficiently showed in court that a creation of a new teaching role on his behalf would have a broad impact on the university's academic structure. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Laing, Filed On: March 4, 2024, Case #: CA-2023-1139, Categories: education, Employment, Equal Protection
J. Godbey grants, in part, a university's motion to strike expert testimony in a sex discrimination case filed by female former student athletes. A doctor's retained by the students will not be allowed to testify on their specific injury or standard of care for athletic trainers, as he is not qualified to testify on those subjects.
Court: USDC Northern District of Texas , Judge: Godbey, Filed On: March 4, 2024, Case #: 3:18cv141, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, Experts
J. Gorton allows the majority of claims against public school district officials, teachers and a town to be dismissed. One teacher repeatedly physically and emotionally abused her very young, disabled students, and two of her students demonstrated the severity and long-lasting impact of the abuse enough to prevent the dismissal of their claims for intentional infliction of emotional distress. Other suing students did not show the severity necessary to support their intentional infliction of emotional distress claims. Additionally, the other teachers, officials and the town are not shown to have been responsible for the abuse.
Court: USDC Massachusetts, Judge: Gorton, Filed On: March 4, 2024, Case #: 1:23cv11170, NOS: Other Civil Rights - Civil Rights, Categories: education, Emotional Distress, Assault