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Federal Judge Concludes UConn Sexual Assault Hearing Likely Violated Due Process

Case featured on Reason Magazine From Doe v. Univ. of Connecticut, decided Thursday by Judge Michael P. Shea (D. Conn.): This case challenges the fairness of disciplinary proceedings brought against Plaintiff John Doe by the University of Connecticut ("UCONN") for alleged sexual assault, culminating in the Plaintiff's two-year suspension from the…
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When a judge tells you twice in one week that you are violating students’ constitutional rights, it may be time to listen.

A federal court in Connecticut handed the University of Connecticut a stinging rebuke yesterday, holding that the university likely violated an accused student’s due process rights when it ignored exculpatory evidence and prevented him from questioning witnesses in his sexual misconduct case. This is the second time in a week…
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Is Your Free Speech Protected on Social Media when You’re at School? The Answer Is …. Maybe?

How broadly does the First Amendment’s free speech clause apply to students? This is a question that American courts have been interpreting for quite some time. Social media has made it more complicated. The First Amendment guarantees the right to free speech without government interference—with certain limits that are designed…
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Why Colleges and Universities Believe the Federal Drug Free Schools and Communities Act Prohibits (But Actually Doesn’t) Medical Marijuana on Campus

As medicinal and recreational cannabis is becoming legal in more and more states, students are under the assumption that they can use medical marijuana on campus. It’s a fair assumption, especially if your state has legalized both medical and recreational use. Except your school most likely disagrees. Its phalanx of…
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The Sixth Circuit Court of Appeals Rules to Protect College Students with Disabilities Five Lessons from Endres v Northeast Ohio Medical University

The Sixth Circuit Court of Appeals just reversed a lower court in a university plagiarism case against a disabled student. The school expelled a medical student over accusations of cheating. It ignored two doctors and the student’s own protests that the behavior he was accused of was a manifestation of…
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US college students expelled for using medical marijuana in legal states are suing their schools for ‘health discrimination’

Colleges across the US are being sued by former students who were expelled after testing positive for marijuana The students say they have medical cannabis cards and live in states where the drug is legal  Medical marijuana is currently legal in 33 states and the District of Columbia  Students are…
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What Happens if You’re a Faculty Member Accused of Misconduct? Can Title VII Protect You?

Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate…
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Just Say No to School Rules that Discriminate against Users of Medical Marijuana

If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New…
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The ABA Just Rejected “Affirmative Consent” Rules for Sexual Assault

Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association just rejected a proposal to incorporate “affirmative consent” into American criminal law.  There are three take away points for campus rules regulating sexual assault and Title IX enforcement:  “Affirmative consent” rules lie far…
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Hate Speech On Campus panel

The University of Delaware hosted "Speech Limits in Public Life: At the Intersection of Free Speech and Hate" on March 15, 2019. This session features Timothy Shiell, Professor of Philosophy, University of Wisconsin – Stout; Rodney Smolla, Dean of Delaware Law School; Samantha Harris, Foundation for Individual Rights in Education…
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Title IX, Codes of Conduct May Conflict With First Amendment On Campus

Colleges and universities often walk a fine line when it comes to free speech. Institutes of higher education promote themselves as places where students go to debate and refine ideas and opinions. Ideally, this creates an enriching experience for all involved. But many schools place limits on acceptable discourse in…
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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…
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Graduate Student Expelled on Sexual Misconduct Sues Syracuse University for Biased Title IX Investigation

Allen Law LLC has sued Syracuse University on behalf of a graduate student following his expulsion for alleged sexual misconduct. The plaintiff, referred to anonymously as John Doe, claims the Title IX investigation was biased and that the sanctions imposed were unfair. Filed on Monday, Feb. 12, this is the…
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An In-Depth Look: Title IX and the Code of Conduct at Connecticut College

Connecticut College has a unique Honor Code in which a select group of students disciplines their peers. However, a self-standing quasi-judiciary handles Title IX sexual misconduct violations under a separate system. College enrollment is just over 1,800 students. Despite this small student body, Conn College received 12 reports of rape,…
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What Parents Should Know About Title IX Violations and School Conduct Codes Before School Starts

Campus judiciaries and campus codes of conduct intervene as never before in the private life of students. Therefore, parents should take the time to review how a school’s policies dictate the handling of misconduct cases. Universities and colleges today operate very differently from how they were run a few decades…
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New Regulations Dial Back Regulation of Higher Education but Increase Role of Counsel in Campus Title IX Procedures

The Friday before most college students headed home for Thanksgiving break (November 16, 2018), the Office for Civil Rights of the Department of Education released new regulations governing Title IX.[1] A draft of the proposed regulations had been released at the end of August, and bits and pieces of their…
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Betsy DeVos’ Proposed Campus Sexual Assault Rules Bolster Rights Of Accused

Featured on NPR, this program aired on November 20, 2018. A narrower definition of sexual harassment, strengthening the rights of the accused. We’ll get reaction to Education Secretary Betsy DeVos’ proposed new regulations on campus sexual assault. Guests Katie Mangan, senior writer for the Chronicle of Higher Education. (@KatherineMangan) Samantha…
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