17 results for 'cat:"Civil Rights" AND cat:"Education" AND cat:"Due Process"'.
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
[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. 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. Boyle grants staff members in North Carolina’s teachers’ retirement system their motion for judgment on the pleadings following allegations of a due process violation in a teacher’s dispute over her benefits. Unbeknownst to the teacher, she was overpaid benefits for 10 years, and when the system found the mistake, it docked her benefits by 50% until it recouped the overage. At this stage, the teacher’s remaining claim is that she was not given a pre-deprivation hearing before the reduction in benefits. However, the system staff members are entitled to qualified immunity and the teacher has not provided sufficient evidence otherwise.
Court: USDC Eastern District of North Carolina, Judge: Boyle, Filed On: February 21, 2024, Case #: 4:22cv27, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, due Process
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J. Kirsch allows a student to continue certain claims contending Princeton University wrongfully sanctioned him after he was accused of sexual misconduct against a female student. The due process claims do not rise to a Title IX issue because evidence does not indicate the university only investigates complaints filed by female students, but contract claims may continue based on the contention that the school failed to interview a witness whose statements could have undermined the alleged victim's motivation.
Court: USDC New Jersey, Judge: Kirsch , Filed On: December 19, 2023, Case #: 3:22cv5887, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, due Process
J. Wiley finds the trial court improperly denied the nursing student's petition for a writ challenging his dismissal from a school's program. Though the school's policies did not require it to hold a hearing, the California Supreme Court has since issued a "landmark decision" about the doctrine of fair procedure. The trial court must determine whether the doctrine of fair procedure applies and, if so, whether it required the school to offer the student additional procedures. Vacated.
Court: California Courts Of Appeal, Judge: Wiley , Filed On: December 13, 2023, Case #: B320590, Categories: civil Rights, education, due Process
J. Higginbotham finds the district court improperly found for a school district in this suit filed by a student alleging it failed to accommodate her hearing impairment. Although the district court held the student did not administratively exhaust her claims under the Individuals with Disabilities Education Act, mandated administrative proceedings are non-preclusive. Vacated.
Court: 5th Circuit, Judge: Higginbotham, Filed On: November 16, 2023, Case #: 22-50854, Categories: civil Rights, education, due Process
J. Hollander partially grants a motion to dismiss filed by the education board in this civil rights lawsuit brought by the parents of a student who was suspended on a determination that she engaged in racist conduct after she allegedly sent a “blackface” photo via Snapchat. The student’s invasion of privacy, defamation, and freedom from search and seizure claims will be dismissed. However, her negligence, fiduciary duty, free speech and First Amendment claims are denied on a theory of procedural due process violation.
Court: USDC Maryland, Judge: Hollander, Filed On: September 29, 2023, Case #: 1:23cv195, NOS: Education - Civil Rights, Categories: civil Rights, education, due Process
J. Newman grants the school district's motion for judgment on the pleadings, ruling that the students' and parents' Title IX claims do not include a plausible injury-in-fact because the students' "aversion to encountering a transgender student in the bathroom" does not involve sex discrimination of any kind, much less the kind included under Title IX. Meanwhile, the parents' due process claim fails as a matter of law because the district's decision to allow students to use bathrooms that align with their gender identity does not implicate their right to send their children to a specific school, while parents are not afforded the right to determine a school's curriculum or the operation of its facilities.
Court: USDC Southern District of Ohio, Judge: Newman, Filed On: August 7, 2023, Case #: 3:22cv337, NOS: Other Civil Rights - Civil Rights, Categories: civil Rights, education, due Process
J. Groban finds that the appeals court erred in requiring that private universities allow students accused of intimate partner violence the opportunity to cross-examine witnesses and accusers. Private organizations must use fair procedures that include a notice of charges and a meaningful opportunity to be heard. But they have the responsibility to devise their own methods without the courts imposing fixed procedures that must be followed in every situation, and live hearings with cross-examination are not required. Reversed.
Court: California Supreme Court, Judge: Groban, Filed On: July 31, 2023, Case #: S263180, Categories: civil Rights, education, due Process
J. Chambers grants the pre-med student’s motion for leave to file an amended and supplemental complaint for civil rights violations for the Title IX coordinator’s faulty investigation into allegations of sexual misconduct against him, but precludes him from asserting a violation of due process claim since the university decided to scrap the coordinator’s investigation, terminated her employment and selected a new investigator to perform a completely new investigation and issue a final report.
Court: USDC Southern District of New York, Judge: Chambers, Filed On: July 19, 2023, Case #: 3:22cv346, NOS: Education - Civil Rights, Categories: civil Rights, education, due Process
J. Higginbotham finds the district court improperly dismissed this suit arising from alleged violations of the Rehabilitation Act and the Americans with Disabilities Act. A school employee assigned to accommodate the party’s minor son’s disabilities allegedly verbally harassed him and threw a trash can at him, causing injury. Certain claims were filed out of court, but the mother still had the right to file a separate action, though the court dismissed it for failure to exhaust administrative remedies. This suit was then filed and dismissed on grounds of issue preclusion. The Supreme Court recently concluded in a similar case that IDEA claims do not require administrative exhaustion “where a plaintiff brings a suit under another federal law for compensatory damages.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginbotham, Filed On: June 22, 2023, Case #: 22-50295, Categories: civil Rights, education, due Process
J. Peterson finds for the police officer in a lawsuit from a middle school art teacher who was fired from her job after the officer recommended she be prosecuted for first-degree sexual assault of a child based on a student's allegation that the teacher touched her buttocks inappropriately during class, which the teacher and other students claim was fabricated because she took away the student's cell phone. The teacher's federal due process and malicious prosecution claims fail, as there were no violations of her property or liberty interests because the officer did not have any control over her getting fired from her job and, in part because the prosecution his investigation led to was ultimately dropped, he did not contribute to altering her legal status, even if her reputation was harmed. The teacher's state-law malicious prosecution claim is also dismissed, as she did not file a notice of claim complying with statutes.
Court: USDC Western District of Wisconsin, Judge: Peterson, Filed On: June 9, 2023, Case #: 3:22cv47, NOS: Education - Civil Rights, Categories: civil Rights, education, due Process
J. Higginson finds the lower court improperly dismissed a mother’s Genetic Information Nondiscrimination Act claims brought against the school district. The district court says the mother lacked standing to bring the claims on her own behalf and — who is not a licensed attorney — could not proceed pro se on behalf of her children. An absolute bar on pro se parent representation is inconsistent with the relevant federal law, which allows a pro se parent to proceed on behalf of her child in federal court when the child’s case is the parent’s “own.” Vacated and remanded.
Court: 5th Circuit, Judge: Higginson, Filed On: June 2, 2023, Case #: 21-11180, Categories: civil Rights, education, due Process