Kimberly Diel, a University of Tennessee pharmacy student, recently filed a first amendment lawsuit against the school, alleging the university expelled her because she posted on her private, personal social accounts the school deemed too sexual. The pharmacy school complained that this was “unprofessional.” It is all too common that professional schools or special programs… Continue reading University of Tennessee Pharmacy Student Sues School Over Discipline for Social Media Posts
Students educational records just became much less private, at least at state universities. The University of North Carolina at Chapel Hill recently appealed a decision of the state supreme court all the way to the United States Supreme Court. The North Carolina ruling required UNC to release disciplinary records of students who violated university policies… Continue reading Supreme Court Rules Against UNC in Sexual Assault Discipline Case
With widespread protests around the nation in the wake of the killing of George Floyd by a Minneapolis police officer, free speech of and on campus is once again at the forefront. Even though almost all schools are now closed, and almost all speech and the actions of students and faculty are now taking place… Continue reading Universities and “Free Speech” Issues: What to Know During the George Floyd Protests
The nation’s colleges and universities were already struggling financially even before the COVID-19 pandemic hit. Now, with a sudden shift to online schooling and students no longer on campus, a difficult situation has become dire. According to Christina Paxson, President of Brown University, “A lot of [colleges] were teetering on the brink financially, and this… Continue reading What Legal Consequences Will Universities Face if They Don’t Reopen in the Fall?
An increasing number of universities have been offering online classes in recent years, but now due to the COVID-19 pandemic, virtual classrooms are the only classrooms. This has become the sudden necessary reality for every university in the country. With entire student bodies now taking classes and completing tests remotely, the issue of plagiarism and… Continue reading With Universities Moving to Online-Only Classes, Plagiarism Concerns Evolve
Title IX is a federal law that prohibits sex discrimination.Courts have consistently found that student-on-student sexual harassment is sex-based discrimination and that the university can be held responsible for it if the university remains “deliberately indifferent.” This means paying students damages if they are victimized on campus, but the University sits on its hands. However,… Continue reading Deliberate Indifference: When Universities Don’t Listen and Victims Sue, Who Is Winning and Who Is Losing?
The following is a post from Samantha K. Harris, Esq., and Michael Thad Allen, Esq. that originally appeared here on HigherEducationLaw.org Samantha Harris is a graduate of Princeton University and the University of Pennsylvania Law School. For more than 15 years, she has advised students, faculty, administrators, and attorneys on issues of free speech and due process on… Continue reading Free Speech, Harassment, and Distance Learning
Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate impact, mixed motive discrimination, and… Continue reading What Happens if You’re a Faculty Member Accused of Misconduct? Can Title VII Protect You?
Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in an effort to encourage… Continue reading Title IX, Codes of Conduct May Conflict With First Amendment On Campus
Campus judiciaries and campus codes of conduct intervene as never before in the private life of students. Therefore, parents should take the time to review how a school’s policies dictate the handling of misconduct cases. Universities and colleges today operate very differently from how they were run a few decades ago. This is true even… Continue reading What Parents Should Know About Title IX Violations and School Conduct Codes Before School Starts