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HTMLLaw Professors Raise Concerns With Title IX Procedures
Anne E. Selinger; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 24, 2015
Do certain Title IX procedures abridge the due process rights of the accused for the sake of Title IX compliance? The University of Pennsylvania Law School has become the second law school in recent months to provoke a public response from law professors arguing the University’s new...


HTMLCourt Rules School District Should Have Done More to Accommodate Teacher Battling Cancer
William/ E. Weiner; Jackson Lewis P.C.;
Legal Alert/Article
March 31, 2015, previously published on February 3, 2015
In December 2014, the California Court of Appeal (“Court”) found that Morongo Unified School District’s (“School District”) failure to reassign a disabled teacher to her preferred position raised a triable issue of fact. Swanson v. Morongo Unified School Dist. (Cal....


HTMLIllinois Schools Face Tough Decisions in Combating Cyber-bullying
Jonathan E. Meer, Melissa K. Ventrone; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
March 31, 2015, previously published on March 9, 2015
Illinois, like most states, has a law that addresses school districts’ responsibilities for addressing bullying in schools. With the growing presence of cyber-bullying, as of January 1, 2015, Illinois modified section 27-23.7 of the School Code, Bullying Prevention, to include specific...


HTMLNew Employment Standards Act, 2000 Amendments Expand School Boards’ Obligations
Maria Gergin; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
In 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...


HTMLSupreme Court of Canada Creates New Test for Police to Search Cell Phones Without a Warrant
Kate Dearden; Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
On 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...


HTMLTeacher Awarded Damages for Defamatory Statements Made Against Her
Borden Ladner Gervais LLP;
Legal Alert/Article
March 24, 2015, previously published on March 5, 2015
In 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...


HTMLBullying Can Cost Your School - And Your Students, And Their Parents
Kathleen McLeod Caminiti, David J. Treibman; Fisher & Phillips LLP;
Legal Alert/Article
March 23, 2015, previously published on January 2, 2015
School 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...


HTMLAdministration Touts Tax, Healthcare, and Education Proposals
Michael Caputo, Rebecca M. Kuhns, Aaron M. Ockerman, Todd A. Snitchler; McDonald Hopkins LLC;
Legal Alert/Article
March 18, 2015, previously published on February 13, 2015
The 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.


HTMLIn-Depth Look: ex-UNC Athletes Sue for the Education They Were Denied
Joseph M. Hanna; Goldberg Segalla LLP;
Legal Alert/Article
March 13, 2015, previously published on January 31, 2015
On 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’...


HTMLRecent Supreme Court Decisions Extend Liability for Discrimination Suits
David P.E. Burkett, Michael W. Pott; Porter Scott A Professional Corporation;
Legal Alert/Article
March 11, 2015
On 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...


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