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|Supreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant|
Kate Dearden; Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015On December 11, 2014, the Supreme Court of Canada released R. v. Fearon, a decision that addresses when police can search a cell phone in the course of a criminal arrest, without a warrant. Although Fearon does not directly address cell phone searches in schools, it provides significant insight...
|New Employment Standards Act, 2000 Amendments Expand School Boards’ Obligations|
Maria Gergin; Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015In 2014, the Ontario Employment Standards Act, 2000, S.O. 2000 C. 41 (the “ESA”), which applies to most employees of all provincially-regulated employers in the province, including Ontario school boards, received some significant amendments. The most notable changes came in the form of...
|Teacher Awarded Damages for Defamatory Statements Made Against Her|
Borden Ladner Gervais LLP;
March 24, 2015, previously published on March 5, 2015In Jacqueline Catherine May v Rebecca Elizabeth Guzzo1 a teacher was awarded damages for defamatory statements made against her. The statements were made by Ms. Guzzo, the defendant, to the principal at the school where Ms. May was a teacher. Ms. Guzzo alleged that Ms. May was involved in criminal...
|Bullying Can Cost Your School - And Your Students, And Their Parents|
Kathleen McLeod Caminiti, David J. Treibman; Fisher & Phillips LLP;
March 23, 2015, previously published on January 2, 2015School bullying is one of the most pressing social, health, and educational concerns facing public and private schools alike. Long-term bullying, left unaddressed by schools or parents, can cause lasting physical and emotional harm to students. Bullying has been linked both to deadly school...
|Administration Touts Tax, Healthcare, and Education Proposals|
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
March 18, 2015, previously published on February 13, 2015The House Finance Committee continued hearings on Gov. Kasich's budget proposal this week. House Bill 64, a nearly 3,000 page bill, includes details on the governor’s spending proposal for fiscal years 2016 and 2017.
|In-Depth Look: ex-UNC Athletes Sue for the Education They Were Denied|
Joseph M. Hanna; Goldberg Segalla LLP;
March 13, 2015, previously published on January 31, 2015On Thursday, January 22, two more former student-athletes filed a lawsuit against both the University of North Carolina and the NCAA, claiming the institutions failed to safeguard and provide scholarship student-athletes with a meaningful education, directly attacking the ‘amateurism’...
|School District Can Be Vicariously Liable In Cases of Employee-Student Sexual Assault|
Carl L. Fessenden, Derek J. Haynes; Porter Scott A Professional Corporation;
March 11, 2015The California Supreme Court recently issued its decision in C.A. v. William S. Hart Union High School District, holding that school districts can be vicariously liable for negligent hiring, supervision, and training in cases involving employee-student sexual assaults.
|Recent Supreme Court Decisions Extend Liability for Discrimination Suits|
David P.E. Burkett, Michael W. Pott; Porter Scott A Professional Corporation;
March 11, 2015On January 21, 2009, the United States Supreme Court created an avenue for employees of educational institutions to be sued as individuals for sex based discrimination. Fitzgerald v. Barnstable School Committee, No. 07-1125. This decision has significant consequences for educational institutions...
|#SOTU2015: Employment, Immigration, Cyber Safety, and Education in a New Era|
Hera S. Arsen; Ogletree Deakins Nash Smoak Stewart P.C.;
March 10, 2015, previously published on January 20, 2015On the evening of January 20, 2015, President Obama delivered his sixth State of the Union address in the chamber of the U.S. House of Representatives with Supreme Court justices, members of Congress, the president’s cabinet, and special guests in attendance. The speech comes in the midst of...
Lamb Barnosky LLP;
February 24, 2015, previously published on December 5, 2014The U.S. Department of Education, New York Office for Civil Rights, ("OCR") recently determined that a BOCES discriminated against students by failing to publish a nondiscrimination notice that complied with federal laws and regulations.