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The Legal Intelligencer

Disrobing Student Dress Codes—A Freedom of Expression Analysis

Because clothing is an expression of oneself, and because students do not shed their expressive rights at the schoolhouse gate, public schools must examine their student dress codes to be cognizant of those rights of expression and the liability of inconsistent and discriminatory enforcement.
8 minute read

The Recorder

School Districts Not Subject to California's Civil Rights Law, State Supreme Court Says

Public schools are not business establishments for purposes of the Unruh Civil Rights Act, the California Supreme Court held. The unanimous ruling noted, however, that the Legislature is free to expand the law's scope to include schools.
4 minute read

The Legal Intelligencer

Happy 50th, Title IX! Department of Education Celebrates by Releasing Proposed Regulation Changes

The proposed regulations will advance educational equity and opportunity for women and girls across the country to ensure that every student in America, from kindergarten through a doctorate degree, can achieve her dreams."
8 minute read

Law.com

District Court: School Must Follow Title IX Requirements Because '§501(c)(3) Tax Exemption Constitutes Federal Financial Assistance'

"In light of the Supreme Court's holdings in Regan, Grove City College, Smith, and Cannon, as discussed supra, this Court holds that §501(c)(3) tax exemption constitutes federal financial assistance for the purposes of Title IX," Judge Richard D. Bennett wrote. "Enforcing the mandates of Title IX in schools with §501(c)(3) status aligns with and protects the principal objectives of Title IX: "'to avoid the use of federal resources to support discriminatory practices' and 'to provide individual citizens effective protection against those practices,' Cannon, 441 U.S. at 704."
4 minute read

Daily Business Review

Florida, Textbook Company Savvas Learning Spar in Pricing Probe

Holland & Knight, which is representing New Jersey-based Savvas Learning Co., maintains that the state's request for information involves scrutinizing millions of emails and would cost hundreds of thousands of dollars.
6 minute read

Connecticut Law Tribune

Anonymous Student Must Pay Attorney Fees for Destroying Evidence in Suit Against Wesleyan University

Along with granting summary judgment to Wesleyan University on claims of breach of contract, negligent misrepresentation and reckless and wanton misconduct, a federal judge has ordered the plaintiff to pay attorney fees and costs after she allegedly destroyed evidence relating to her litigation.
5 minute read

Law.com

Federal Judge Allows Students' COVID-19 Tuition Reimbursement Claims Against Suffolk University to Proceed

"The students have only ever asked for a fair refund representing the difference between the access to Suffolk's facilities and services that they prepaid for, and what was actually delivered during the Spring 2020 term," said Roy T. Willey IV, of Anastopoulo Law Firm in Charleston, South Carolina, one of the attorneys representing the plaintiffs.
5 minute read

Daily Report Online

Plaintiffs Ask 11th Circuit to Revive Title IX Suit by High School Student Who Was Expelled After Reporting a Sexual Assault

"It's our position that when a student reports that she has suffered sexual harassment, that it's clearly unreasonable to punish the student for engaging in sexual conduct," counsel for the student argued Thursday.
4 minute read

Law.com

'A Wave of Litigation' Likely as Proposed Title IX Changes Roll Back Due Process Rights at Universities, Observers Say

The latest round of sweeping proposed changes to Title IX could put universities in the crosshairs of litigation by college and university students accused of sexual misconduct, observers said.
5 minute read

New Jersey Law Journal

Siding With Kean University, Appellate Division Reverses Arbitration Award for Reassigned Tenured Professors

The New Jersey Appellate Division vacated an arbitration award for two Kean University professors reassigned to nonteaching duties, agreeing with the school that the award was not "reasonably debatable."
2 minute read

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