52 results for 'cat:"Education" AND cat:"Due Process"'.
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. 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
Per curiam, the appellate division finds that the lower court properly granted the university's motion to dismiss a former student's petition to reinstate her to an occupational therapy master's program. The student was dismissed based on her failing grade in a required course, and was reasonably provided accommodations for her multiple health and learning disabilities. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: April 23, 2024, Case #: 02159, Categories: education, due Process
J. Copperthite denies the board’s motion to dismiss this sex discrimination lawsuit brought by a male student who was accused of sexual misconduct by a female student. The male student claims he was falsely accused and is a victim of gender discrimination because the university forced him to undergo an allegedly bias-ridden investigation process before expelling him. His pleadings allow a plausible inference of discrimination and he properly alleges the board deprived him of his due process rights. The student seeks declaratory and injunctive relief to require the board to reverse the hearing’s outcome, restore his reputation, expunge and seal the disciplinary and dismissal records, destroy the female student’s complaint and return him to good standing, but the court does not rule on this yet.
Court: USDC Maryland, Judge: Copperthite, Filed On: April 18, 2024, Case #: 1:23cv3100, NOS: Education - Civil Rights, Categories: education, due Process, Assault
J. Grasz finds a lower court properly dismissed four high school students' equal protection and due process claims against a school district. The high school students argued that they were wrongfully expelled from school for participating in a "joke" by joining a student's online petition calling for the return of slavery. The school's disciplinary action was rationally connected to its purpose of maintaining order and was not racially motivated. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: April 2, 2024, Case #: 23-1119, Categories: education, due Process, Equal Protection
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J. Urbanski denies the university's motion to dismiss due process claims. A Ph.D candidate claimed his male supervisor routinely discriminated against him because the supervisor preferred women he could attempt to seduce. The supervisor received a grant from research the candidate did in his lab but instead of giving the research stipend to the male candidate he gave it to a female candidate he was supposedly in a romantic relationship with. The male candidate claims that after he reported the supervisor's actions the supervisor began a retaliation campaign consisting of harsh work assignments and creating a hostile lab environment. During this time the male candidate was accused of sexual assault by a classmate who the male candidate claims did not seek to pursue the candidate's dismissal from the university until the supervisor influenced her to do so. The process moved quickly and the university, supposedly under the supervisor's tutelage, refused to give the male candidate an extension for collecting evidence to defend himself from the accusation.
Court: USDC Western District of Virginia, Judge: Urbanski, Filed On: April 2, 2024, Case #: 7:21cv378, Categories: education, due Process, Employment Retaliation
J. Hall dismisses a complaint against New York’s education department challenging its decision to revoke an impartial hearing officer’s certification after finding she had committed plagiarism and improperly advocated on behalf of a party in one of her cases. Her due process claim fails because she did not file a petition in state court appealing the decision as required, and her equal protection claim fails because she does not specify any comparators which would suggest she was singled out on the basis of her race.
Court: USDC Eastern District of New York, Judge: Hall, Filed On: March 26, 2024, Case #: 1:23cv2361, NOS: Other Civil Rights - Civil Rights, Categories: education, due Process, Equal Protection
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
[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. 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
Per curiam, the circuit finds the district court properly found for Louisiana Tech on a doctoral student's discrimination and due process claims arising from her resignation from the program after the faculty reviewed her research paper as poor. There is no evidence the university failed to investigate the student's due process complaint, or that it acted in bad faith in conducting its review. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 5, 2024, Case #: 23-30504, Categories: education, due Process, Employment Discrimination
[Consolidated.] J. Bradberry finds that the trial court properly granted the exception of res judicata filed by the medical parties in the doctor's suit alleging the "bad faith release" of confidential information in his medical school residency file. The judgment in the federal court suit barred the doctor's claims in the subsequent lawsuit, which involves the same parties and same cause of action. The medical parties are awarded $7,500 in attorney fees for defending the frivolous appeal. Affirmed as amended.
Court: Louisiana Court Of Appeal, Judge: Bradberry, Filed On: January 31, 2024, Case #: CA-23-353, Categories: Civil Procedure, education, due Process
J. Quattlebaum finds the lower court improperly dismissed the employee's claims for being time-barred. The university fired the employee in April 2019 after a graduate student submitted a report that the two were dating while she was a student. The employee unsuccessfully appealed the university's decision in June of 2019. Two years later, in May of 2021, she brought federal due process claims within two years of the university's decision to deny her appeal. Reversed.
Court: 4th Circuit, Judge: Quattlebaum , Filed On: January 9, 2024, Case #: 22-1441, Categories: education, due Process, Employment Discrimination
J. Gorton grants partial summary judgment in favor of a university that was sued by some of its students for charging full tuition and fees for the remote learning experience it offered during the Covid-19 pandemic. The retroactive application of a statute protecting the university from liability for damages of equitable monetary relief, as long as the damages are not caused by an act or admission in bad faith, does not violate the students’ due process rights.
Court: USDC Massachusetts, Judge: Gorton, Filed On: January 8, 2024, Case #: 1:20cv11662, NOS: Other Contract - Contract, Categories: education, due Process, Covid-19
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. Boasberg dismisses a student's claims against Georgetown University arising from his dismissal from its school of medicine and a dean's allegedly inappropriate relationship with him. Most of his claims are untimely, and he fails to specify any terms of the contract between the parties and, therefore, cannot demonstrate the university's breach.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: December 15, 2023, Case #: 1:23cv2058, NOS: Other Civil Rights - Civil Rights, Categories: education, due Process, Contract
J. Miller finds that the lower court improperly granted a preliminary injunction to the college students who alleged constitutional violations in disciplinary proceedings that stemmed from their alleged violations of the school's code of conduct. The new law for students facing postsecondary disciplinary proceedings did not apply retroactively, so the injunction is set aside. Reversed.
Court: Louisiana Court Of Appeal, Judge: Miller, Filed On: December 14, 2023, Case #: 2023CA0246, Categories: education, due Process, Injunction
J. Willett finds the district court properly denied the charter school's motion to discontinue the use of race as an admissions parameter. The consent order at issue requires the school to implement a race-based enrollment process consistent with an ongoing desegregation plan in the Louisiana parish. The school has not rebutted the court’s conclusions and has forfeited its constitutional argument. Affirmed.
Court: 5th Circuit, Judge: Willett , Filed On: December 13, 2023, Case #: 23-30063, Categories: Constitution, 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. Gustafson holds that the district court properly used the rational basis standard to analyze a constitutional substantive due process claim that parents made against school districts over Covid-19 mask mandates. The parents argued that a strict scrutiny standard applies, but that would only apply if masking policies implicated a fundamental right. Also, the testimony about masking's harmful effects proffered by parents' hybrid witnesses would not have addressed the reasonableness of masks at stopping Covid-19. Affirmed.
Court: Montana Supreme Court, Judge: Gustafson, Filed On: December 12, 2023, Case #: DA 23-0046, Categories: education, due Process, Covid-19
J. Moore finds the lower court properly dismissed the professor's due process claims against university officials who revoked his emeritus status following allegations of sexual harassment. The status was merely honorific and conferred no financial or tangible benefits that would establish a constitutionally protected property interest. Although the loss of the emeritus title may have injured his reputation, the professor failed to request a name-clearing hearing required to pursue a due process claim for that type of property interest. Affirmed.
Court: 6th Circuit, Judge: Moore, Filed On: December 5, 2023, Case #: 23-3338, Categories: 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