University of Tennessee Pharmacy Student Sues School Over Discipline for Social Media Posts

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

Federal Judge Orders UConn to Pay Attorney Michael Thad Allen $63,000 for Violating Due Process Rights of Student

Judge Michael Shea of the Federal District Court of Connecticut has ordered the University of Connecticut to pay Attorney Michael Thad Allen over $63,000 in reasonable attorney fees due to the university’s violation of a student’s due process rights in a sexual misconduct hearing. Attorney Allen sued on behalf of “John Doe” after the University… Continue reading Federal Judge Orders UConn to Pay Attorney Michael Thad Allen $63,000 for Violating Due Process Rights of Student

New Department of Education Hotline for Campus Free Speech Violations Draws Criticism

In December, the U.S. Department of Education announced the implementation of a new “free speech hotline” for students and faculty members to file complaints about free speech violations at colleges and universities. The “hotline” is not so much a hotline in the traditional sense.  Instead an email account freespeech@ed.gov managed by attorneys from the Office… Continue reading New Department of Education Hotline for Campus Free Speech Violations Draws Criticism

Free Speech, Academic Freedom Issues Arise Out of Princeton Faculty Petition

The topic of free speech is one of the most contentious issues in liberal societies.Many people know that free speech is enshrined in the First Amendment but there’s still a lot about it that many still misunderstand so let’s read on. The widespread protests surrounding issues of systemic racism have been a significant part of… Continue reading Free Speech, Academic Freedom Issues Arise Out of Princeton Faculty Petition

Universities and “Free Speech” Issues: What to Know During the George Floyd Protests

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

Deliberate Indifference: When Universities Don’t Listen and Victims Sue, Who Is Winning and Who Is Losing?

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?

Can Fraternities Be Required to Admit Women Under Title IX?

In February 2019, three female Yale students, Anna McNeil ’20, Ry Walker ’20 and Ellie Singer ’21, filed a lawsuit against Yale University, arguing that fraternities should be required to admit women and nonbinary students under Title IX as well as the Fair Housing Act. In May 2019, an on-campus group named Engender, which fights… Continue reading Can Fraternities Be Required to Admit Women Under Title IX?

Trauma and the Daubert Standard

Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern District of Ohio, and District… Continue reading Trauma and the Daubert Standard

Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case

Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male student who sued Purdue under… Continue reading Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case

Eighteen State Attorneys General Oppose Due Process Protections in Title IX Proceedings That They Must Observe in Every Other Civil or Criminal Proceeding

The Attorneys General of 18 states collectively submitted an extensive 72-page comment opposing rules proposed by the Department of Education for Title IX, the federal statute prohibiting discrimination on the basis of sex in education.  Led by the Commonwealth of Pennsylvania (Josh Shapiro), California (Xavier Becerra), and New Jersey (Gurbir S. Grewal), these chief legal… Continue reading Eighteen State Attorneys General Oppose Due Process Protections in Title IX Proceedings That They Must Observe in Every Other Civil or Criminal Proceeding