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|College and University Boards Advised to Become and Remain Informed of Sexual Misconduct on Campus|
Rebecca Lacher; Schnader Harrison Segal & Lewis LLP;
October 31, 2013, previously published on October 2013The Association of Governing Boards of Universities and Colleges (AGB) released an Advisory Statement on Sexual Misconduct on October 24. The AGB recognized many colleges and universities are now defending against lawsuits, federal investigations, and negative publicity stemming from sexual...
|Know the Law Regarding School District Challenges to Residency|
Lynn M. Brown; Meyer, Suozzi, English & Klein, P.C.;
October 31, 2013, previously published on October 28, 2013You plan to buy a home in a particular school district, but the sale falls through and you are still in your old home, but your children already started school in the new district.
|Changes to the Taxation of Tuition Assistance: How Educational Institution Employees Can Benefit From the New Exemption In Subparagraph 6(1)(A)(Vi) of the Income Tax Act|
Natasha Miklaucic; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013Many private schools, independent schools, semi-private schools, universities and colleges across Canada provide some form of tuition assistance for family members (dependent children or spouses) of their employees. This assistance ranges from free to reduced tuition fees and helps the...
|Labour Board Rules That Elementary Teachers’ Union Engaged In an Unlawful Strike|
Eric M. Roher; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013In a landmark decision, the Ontario Labour Relations Board held that the Elementary Teachers’ Federation of Ontario engaged in an illegal strike when it counseled its members to not participate in voluntary extracurricular activities.
|A Low or Mid-Level Employee Can Create A Privileged Communication, But Cannot Waive The Privilege Once Created|
Donald E. Taylor, James E. Tonrey; Wilentz, Goldman & Spitzer P.A.;
October 29, 2013, previously published on October 2013Hedden v. Kean University, A-4999-12T2, decided by the New Jersey Appellate Division on October 24, 2013, provides a tutorial on the ability of low to mid-level employees to create privileged attorney client communications, and to waive that privilege by subsequent disclosures.
|State of California Enshrines Rights for Transgender Student|
Meghan Lindo; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013On August 12, 2013, the Governor of California approved amendments to the California Education Code that provides certain rights for transgender students from kindergarten through grade 12. The law requires public schools to permit students to access the washroom of their choice and participate in...
|Highlights and Lessons from the Pepler and Milton External Review of the Halifax Regional School Board’s Support of Rehtaeh Parsons|
Maria Gergin; Borden Ladner Gervais LLP;
October 29, 2013, previously published on October 23, 2013The tragic death of Rehtaeh Parsons, on April 4, 2013, the Nova Scotia teenager who took her own life after experiencing cyberbullying, continues to attract significant attention from the Nova Scotia government, the police, school communities, and advocates from across the country. On August 6,...
|TDSB Trustees Request a Legal Opinion on Regulation 274, the Seniority Hiring Rule|
Eric M. Roher; Borden Ladner Gervais LLP;
October 28, 2013, previously published on October 23, 2013At a Board meeting held on September 11, 2013, the Toronto District School Board (“TDSB”) trustees passed a motion to ask the provincial government whether its new seniority hiring rule contravenes Ontario’s Human Rights Code.
|Nassau County's Appeal of Decision Annulling Repeal of the "County Guarantee"|
Lamb Barnosky LLP;
October 28, 2013, previously published on October 23, 2013In our memorandum of April 1, 2013, we advised you that the Court of Appeals agreed to take jurisdiction of Nassau County’s appeal from the Appellate Division, Second Department’s decision annulling, as unconstitutional, the County’s attempt to repeal the County Guarantee through...
|Modification of Legal Decision-Making or Parenting Time|
Cynthia L. Best; Best Law Firm;
October 25, 2013, previously published on October 24, 2013The standard for modifying legal decision-making or parenting time requires (1) a material change in circumstances affecting the welfare of the child, and (2) only if the Court finds such a change does the Court reach the question of whether a change in custody would be in the child’s best...