124 results for 'nos:"Education - Civil Rights"'.
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. 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. 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. 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. 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
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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. Eifert grants the university's motion for a protective order relating to to the deposition of the university’s president in a student's civil rights suit claiming the university retaliated against her by charging her with violating the Student Code of Conduct for underage drinking after she reported being sexually assaulted by a fellow student at an off-campus watch party. Since she has not shown any "special, additional, or unique information" the president may have on how the university has implemented Title IX polices aside from what others in his administration provided, the court prohibits the student from taking his deposition.
Court: USDC Southern District of West Virginia, Judge: Eifert, Filed On: April 17, 2024, Case #: 3:22cv532, NOS: Education - Civil Rights, Categories: Civil Procedure, Civil Rights, Education
J. Kahn preserves a high school student’s equal protection claim against his school’s varsity baseball coach, who allegedly denied him a spot on the team on the basis that he is biracial. The litigant, in an attempt to establish an inference of discrimination, proffered a selection of white players who were selected for the team despite lower athletic scores, but the court is unable to conclude whether those players are sufficiently comparable and leaves that question to a jury. The court dismisses the district’s superintendent and athletics director from the case, finding they were not personally involved in the decision not to select him for the team.
Court: USDC Northern District of New York, Judge: Kahn, Filed On: April 17, 2024, Case #: 1:22cv756, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Equal Protection
J. Fowlkes grants the defendant charter school's dismissal motion in this lawsuit alleging that a student's rights were violated by the restrictions placed on his attendance following an incident in which he was falsely accused of making "threatening calls." The parents' Title IX claim fails, as they only provide a "conclusory allegation of gender discrimination." The court also denies the parents' motion to amend as futile.
Court: USDC Western District of Tennessee , Judge: Fowlkes, Filed On: April 11, 2024, Case #: 2:23cv2393, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Reidinger denies the University of North Carolina’s motion to stay pending appeal in this ongoing litigation involving a male student accused of sexually assaulting four female students. The male student claims he was falsely accused and a victim of gender discrimination after the university revoked his scholarship and expelled him. Previously, the university’s motion to dismiss the student’s claims were partially denied, specifically because the university failed to establish immunity at this stage in relation to the discrimination claims. Therefore, a stay pending appeal is not warranted.
Court: USDC Western District of North Carolina, Judge: Reidinger, Filed On: April 10, 2024, Case #: 1:23cv41, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Assault
J. Young enters judgment in favor of University of Massachusetts officials against an RA who acted sexually inappropriately towards female college students and then sued the university after it took disciplinary action against him, including requiring him to take a remedial behavior class, forbidding him from contacting the victims and banning him from campus housing. While sharing unpopular opinions is sometimes necessarily permitted in university settings for educational discourse, universities also have a duty to protect their students from the misconduct of other students. The RA also touched at least one female student in a way that was unwanted when he touched her feet without consent.
Court: USDC Massachusetts, Judge: Young, Filed On: April 9, 2024, Case #: 1:23cv12077, NOS: Education - Civil Rights, Categories: Education, Housing, First Amendment
J. Russell partially grants the school resource officer's dismissal motion in this lawsuit brought by high school students alleging that they were subjected to sexual harassment by an assistant basketball coach and that the officer knew about the inappropriate behavior. The official capacity claims against him are dismissed, along with the students' substantive due process claims. However, their equal protection claim based on an alleged "failure to report or investigate" survives against the officer.
Court: USDC Northern District of Oklahoma , Judge: Russell, Filed On: March 29, 2024, Case #: 4:21cv240, NOS: Education - Civil Rights, Categories: Civil Rights, Education
J. Whitney partially grants a county board of education’s motion to dismiss allegations of violations of the Americans with Disabilities Act and other protections after a student was recommended for homebound education. The student’s school removed him after a disability-related behavioral incident, and would not allow him to return, recommending homebound education. His parents sought private education and now sue the board for compensation. However, the school’s decision not to allow the student’s return does not constitute a violation of the ADA or other laws.
Court: USDC Western District of North Carolina, Judge: Whitney, Filed On: March 27, 2024, Case #: 3:23cv139, NOS: Education - Civil Rights, Categories: Civil Rights, Ada / Rehabilitation Act, Education
J. Mastroianni grants in part the motions to dismiss filed by a city and public school officials against the victims and representatives of victims of sexual assault on the city’s public high school campus. The victims and their representatives fail to adequately substantiate that the school officials violated their substantive due process rights by failing to prevent other students from sexually assaulting them, but the victims and their representatives do adequately support a Title IX claim based on school officials’ failure to take appropriate remedial actions, such as properly investigating three of the victims’ reported incidents of being sexually assaulted.
Court: USDC Massachusetts, Judge: Mastroianni, Filed On: March 25, 2024, Case #: 3:22cv11701, NOS: Education - Civil Rights, Categories: Education, Municipal Law, Assault
J. Campbell grants the school defendants' motion for reconsideration and grants their motion to enforce the parties' settlement agreement in this lawsuit involving a high school student's alleged assignment "to an alternative school." The parents of the student, who was allegedly removed from the high school "for possession of alcohol," argue that a settlement agreement was not reached. However, the court finds that the parties "agreed to the material terms of settlement" and that the remaining issues, including the proposed wording of the agreement, were not material. The court further notes that the student was allowed to return to the high school.
Court: USDC Middle District of Tennessee , Judge: Campbell, Filed On: March 25, 2024, Case #: 3:22cv408, NOS: Education - Civil Rights, Categories: Education, Settlements
[Consolidated.] J. Flanagan grants a former student his motion to certify this case for appeal after the court dismissed North Carolina State University from the student’s suit accusing the school and a sports medicine doctor of sexual abuse. According to federal civil rights law, an allegation of sexual grooming behavior on its own does not establish notice to the university of sexual harassment. However, because in this case a jury could reasonably judge that the university should have taken responsibility for the doctor’s behavior, of which it was aware, this is enough to certify the case for appeal.
Court: USDC Eastern District of North Carolina, Judge: Flanagan, Filed On: March 25, 2024, Case #: 5:22cv344, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Tort
J. Daniel partially grants Loyola University’s motion to dismiss a Title IX suit brought by a group of students who say the university mishandled and underreported their claims of sexual harassment on campus. The students’ complaint also accuses the university of failing to prevent sexual assault by repeat offenders and publishing false campus sexual assault statistics, and brings claims for fraud, premises liability, contract breach, negligence, emotional distress and violations of the Illinois Preventing Sexual Violence in Higher Education Act. The court dismisses all of these counts as well as a Jane Doe’s Title IX claims, citing, among other arguments, a lack of evidence and failure to state a claim. The remaining plaintiffs’ Title IX claims survive.
Court: USDC Northern District of Illinois, Judge: Daniel, Filed On: March 18, 2024, Case #: 1:22cv6476, NOS: Education - Civil Rights, Categories: Civil Rights, Education, Emotional Distress
J. Piersol grants a motion for attorneys fees, costs and taxes awarded to parents in an Individuals with Disabilities Education Act (IDEA) claim. Parents of a minor child filed a due process complaint with the South Dakota Office of Hearing Examiners alleging that the School District violated the IDEA, and that their child placement at an academy in Utah for therapy and a standard education should be paid for by the School District. As the prevailing party, the parents were entitled to fees and costs.
Court: USDC South Dakota, Judge: Piersol , Filed On: March 18, 2024, Case #: 4:21cv4147, NOS: Education - Civil Rights, Categories: Education, Attorney Fees
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. 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 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. Peachman grants the school district’s counter-claim motion for summary judgment in this case brought by the parents of a minor child. The parent alleged that the school failed to provide a free appropriate public education, failed to address all of his disabilities and develop an education plan to help the child succeed academically. The court reverses an administrative law judge decision in awarding reimbursement to the parents for private placement and other cost.
Court: USDC Western District of Washington, Judge: Peachman, Filed On: March 1, 2024, Case #: 2:23cv191, NOS: Education - Civil Rights, Categories: Ada / Rehabilitation Act, Education