29 results for 'cat:"Education" AND cat:"Evidence"'.
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
J. Johnson grants a request by a city-parish, compelling an alleged rape victim at a Louisiana college to supplement “vague” and “evasive” responses about her communications with an online “group chat” of women who allege they were sexually assaulted by the same predatory student at three universities. Because counsel for the litigant previously agreed to provide most of the information sought, the alleged rape victim must provide the Lafayette government with a privilege log, including a reason why certain information should be redacted.
Court: USDC Middle District of Louisiana, Judge: Johnson, Filed On: April 30, 2024, Case #: 3:22cv338, NOS: Education - Civil Rights, Categories: education, evidence, Discovery
J. Tow finds the lower court erroneously granted the university's motion for summary judgment on the student's disability discrimination claims. His deposition testimony about the tasks his self-trained emotional support dog could perform, including "pressure therapy" and leading the student out of stressful situations, created an issue of fact as to whether it qualified as a service animal when the student was excluded from campus facilities. Reversed in part.
Court: Colorado Court Of Appeals, Judge: Tow, Filed On: March 28, 2024, Case #: 2024COA29, Categories: Ada / Rehabilitation Act, education, evidence
J. Marbley denies the university's motion for summary judgment, ruling the black professor's EEOC complaints and internal communications about false allegations of sexual assault were protected activity under Title VII and establish a causal link to his termination that allows his retaliation claim to proceed. The university claims it fired the professor after the results of its investigation validated the sexual assault claims, but because the Faculty Senate Hearing Committee disputed this result on two occasions and found the investigation "troubling," the professor has made a prima facie showing of pretext.
Court: USDC Southern District of Ohio, Judge: Marbley, Filed On: March 18, 2024, Case #: 2:22cv2028, NOS: Employment - Civil Rights, Categories: education, evidence, Employment Retaliation
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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
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. Marks grants summary judgment in favor of the board of education in this case brought by a mother regarding her minor child. The mother alleged that the school failed to provide a free appropriate public education, address all disabilities and develop an education plan to help the child succeed academically. The court finds the mother failed to present evidence to show the child was denied a free and appropriate education.
Court: USDC Middle District of Alabama, Judge: Marks, Filed On: February 16, 2024, Case #: 2:22cv705, NOS: Education - Civil Rights, Categories: education, evidence
J. Hughes finds that the district court properly dismissed a third-party asbestos abatement company's Louisiana Unfair Trade Practices Act claim against a school after the school terminated its contract with the general contractor when finding asbestos fibers in the school. Although the abatement company could have stated a cause of action under contract law, there is no cause of action under the Louisiana Unfair Trade Practices Act. In this case, the state is a customer acting in furtherance of its governmental function of maintaining school buildings in good repair and free
from health hazards. Affirmed in part.
Court: Louisiana Supreme Court, Judge: Hughes, Filed On: January 26, 2024, Case #: 2023-CC-00794, Categories: education, evidence, Asbestos
J. Carr denies, in part, the university's motion for summary judgment, ruling the employee's conversations with five different supervisors and coworkers about a potential hiring she believed would violate EEOC laws was protected activity and, given it occurred less than two weeks before her demotion, is sufficient to support her claim of retaliation in regard to the demotion.
Court: USDC Northern District of Ohio, Judge: Carr, Filed On: January 10, 2024, Case #: 3:22cv2151, NOS: Employment - Civil Rights, Categories: education, evidence, Employment Retaliation
J. Vitter denies summary judgment to university's board of supervisors, refusing to dismiss allegations it knew a college football player had physically harassed one female student before a second woman alleged he punched her so hard in the stomach he fractured her ribs. The two women have raised a genuine issue of material fact regarding whether the board exercised substantial control over the football player, who was ultimately expelled following his arrest for beating the woman and repeatedly disobeying court orders.
Court: USDC Middle District of Louisiana, Judge: Vitter, Filed On: December 22, 2023, Case #: 3:21cv242, NOS: Other Civil Rights - Civil Rights, Categories: education, evidence, Assault
J. North grants summary judgment to a school board, dismissing the employment retaliation claims of a full-time high school English teacher who was relieved of his duties coaching the boys' basketball team after posting losing seasons. The teacher alleges he was fired from his coaching job in retaliation for filing a sexual harassment suit against the female school principal who previously investigated him for statewide violations of rules for student athletes. The board argued the teacher’s claims were unsubstantiated and the school superintendent gave the teacher a second chance at the coaching job, which he failed. Because the teacher cannot establish a clear case of employment retaliation, the school board is not required to offer a non-retaliatory reason for the adverse employment action against him as a basketball coach.
Court: USDC Eastern District of Louisiana , Judge: North, Filed On: December 20, 2023, Case #: 2:21cv1081, NOS: Other Civil Rights - Civil Rights, Categories: education, evidence, Employment Retaliation
Per curiam, the circuit finds the Board of Immigration Appeals properly dismissed the Chinese student's appeal of the order of removal. After having been lawfully admitted into the U.S. on a student visa, it was found the student had never attended the school for which the visa was granted. The board properly affirmed the immigration judge's denial of his application for asylum and protection on an adverse credibility determination, as there were various inconsistencies between the student's testimony and documentary evidence.
Court: 5th Circuit, Judge: Per curiam, Filed On: November 30, 2023, Case #: 22-60641, Categories: education, evidence, Immigration
J. Barker grants the school's motion for summary judgment, ruling that although the homosexual executive director was required to work weekends and was assigned work while on sick leave, these obligations were expected of his position and cannot be considered degrading, as required to prove his claim he was compelled to resign because of discriminatory treatment. Additionally, the managing director's single comment that "God made Adam and Eve," which he disputes was ever said, is insufficient to prove a hostile work environment that would compel a reasonable individual to resign.
Court: USDC Northern District of Ohio, Judge: Barker, Filed On: November 17, 2023, Case #: 1:22cv1049, NOS: Employment - Civil Rights, Categories: education, evidence, Employment Discrimination
J. Rice dismisses the female student's complaint that the university did not timely investigate a sexual assault complaint against a male student, which allowed him to sexually assault the female student multiple times and then rape her in her dorm room after she ended their relationship. While it was unacceptable for the university to take 10 months to investigate the prior sexual assault claim against the male student, there is not sufficient evidence that the university displayed deliberate indifference or that the university ignored the male student's conduct.
Court: USDC Eastern District of Washington, Judge: Rice, Filed On: October 18, 2023, Case #: 2:22cv69, NOS: Education - Civil Rights, Categories: Civil Rights, education, evidence
Per curiam, the Fifth Circuit finds the district court improperly granted summary judgment in favor of the University of Texas in this employment retaliation suit brought by a Hispanic tenured professor who complained of pay inequity. The professor has provided evidence of a causal link between his report and retaliatory acts. Immediately after he circulated his report, the department chair made a comment about disbanding the equity committee, then restructured it by creating subcommittees, diluting the professor’s responsibilities. He was then removed from the committee, which is enough for a reasonable juror to see a causal link between the protected activity and UT’s adverse actions. Reversed and remanded.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 5, 2023, Case #: 23-50036, Categories: education, evidence, Employment Retaliation
Per curiam, the Fifth Circuit finds the district court properly dismissed the former professor’s claims of constructive discharge, Equal Pay Act retaliation and other civil rights violations brought after she resigned from her tenured professorship at the Thurgood Marshall School of Law at Texas State University. Before her resignation, several similar claims were dismissed for failure to state a claim, as well as lost by grant of summary judgment to the school. Claims that a school employee “threw her hair” into the Black professor’s face, and yelled that the professor couldn’t park in a church parking lot were not committed in the employee’s “official power” at the school. The professor fails to allege that the employee acted under color of state law and thus fails to state a civil rights claim. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: October 3, 2023, Case #: 22-20541, Categories: Civil Rights, education, evidence
J. Dooley grants, in part, the university's motion to dismiss, ruling the female student's Title IX must be dismissed in regards to her sexual assault because there is no indication the university knew the assailant would attack fellow students, especially considering the student had never met her attacker prior to the incident. However, her Title IX claim regarding the university's response, which included a 90-minute interview during which she was forced to recount graphic details of the assault and the school's initial failure to respond for over two weeks, is sufficient to establish a deliberate indifference claim.
Court: USDC Connecticut, Judge: Dooley, Filed On: September 26, 2023, Case #: 3:22cv1249, NOS: Education - Civil Rights, Categories: Civil Rights, education, evidence
J. Traum, in this amended order, grants the parents' motion for summary judgment in this suit alleging the school district improperly exited their child from special education services. Classroom observations provided by staff, together with the student's poor grades, do not suggest that he was able to access the curriculum without accommodations. The evidence shows he was eligible for special education services.
Court: USDC Nevada, Judge: Traum, Filed On: September 20, 2023, Case #: 3:21cv242, NOS: Other Statutory Actions - Other Suits, Categories: Administrative Law, education, evidence
J. Gordon grants the special ed children's motion to strike certain exhibits attached to the school district's reply brief in this civil rights suit alleging that a teacher physically and sexually abused them. A summary judgment reply brief is limited to 20 pages under local rule, and argument cannot be included in an exhibit to evade the limit. The exhibits (charts) list hearsay and relevancy objections, arguing also that the facts in the response brief are not supported by cited evidence. These arguments should have been in the reply brief. Certain of the school district's motions for summary judgment are granted, regarding claims centered around handholding and failure to train. Other claims regarding hearsay are allowed to proceed, as the children could testify at trial.
Court: USDC Nevada, Judge: Gordon , Filed On: September 14, 2023, Case #: 2:21cv218, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, education, evidence
J. Arterton denies the academic resource website's motion to dismiss, ruling the educational material creator has plausibly alleged a copyright notice and watermark violation based on the proximity of the website's copyright to protected materials included on the website for educators. The language in the notice and watermark section of the Digital Millennium Copyright Act is meant to be interpreted as broadly as possible, especially at the pleading stage, and so the website's copyright being located on the same page as the materials it does not own and did not create is sufficient for the claim to proceed.
Court: USDC Connecticut, Judge: Arterton, Filed On: August 28, 2023, Case #: 3:21cv1242, NOS: Copyrights - Property Rights, Categories: Copyright, education, evidence
J. Shea grants the university's motion for summary judgment, ruling the former student athletes fail to state a plausible promissory estoppel claim. The statements made by coaches and administrators during the school's transition from Division I to Division III did not constitute a promise regarding their experience at the school. The student athletes did not have their scholarships reduced or rescinded, and failed to provide any evidence their experiences at the university fell below the standard promised by administrators.
Court: USDC Connecticut, Judge: Shea, Filed On: July 31, 2023, Case #: 3:21cv934, NOS: Other Contract - Contract, Categories: education, evidence, Contract
J. Guerrero finds the appellate court improperly found evidence surrounding a previous molestation of Doe to be admissible in this suit seeking to recover emotional distress damages for sexual abuse committed by her 4th grade teacher when she was 8 years old. Cited evidence code may permit evidence that would otherwise be excluded, though admissibility is subject to scrutiny for relevance. Code governing relevance is designed to protect against unwarranted intrusion into the private life of a sexual assault claimant by identifying and circumscribing evidence intended to attack credibility, and the trial court must undertake proper proceedings under this code. Reversed.
Court: California Supreme Court, Judge: Guerrero , Filed On: July 27, 2023, Case #: S272166, Categories: education, evidence, Emotional Distress
J. Alvord finds the trial court properly granted the school and investigative company's motions for summary judgment on a former student's invasion of privacy claims. Investigators never observed the former student, who was convicted of charges stemming from anti-Semitic and bomb-making materials found at his home, in private settings, never looked at his mail, and used only basic equipment during their surveillance, which was reasonable considering the danger he posed to the school and its current students once he was released from prison. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Alvord, Filed On: June 15, 2023, Case #: AC45319, Categories: education, evidence, Privacy
J. McKinster grants the school district’s petition to reconsider sanctions imposed for its negligent erasure of a video which captured the alleged sexual assault of a student. The record supports the trial court’s ruling that the district was on notice that litigation was reasonably foreseeable, and so the safe harbor provision did not apply. The court of appeals directs the trial court to reconsider whether the form of sanctions it imposed are warranted and whether lesser sanctions will adequately remedy the loss of the video.
Court: California Courts Of Appeal, Judge: McKinster, Filed On: May 24, 2023, Case #: E078673, Categories: education, evidence, Negligence