Monthly Archives: September 2014

Use Of Police Reports By School District In The Aftermath Of The Supreme Court’s Recent Ruling

Police reports are a practical tool for school districts in investigating (and countering) both student and employee misconduct.   The Connecticut Supreme Court has resolved an intense debate about what law enforcement agencies are required to release with regard to arrest records and associated reports.  In agreeing to uphold limits to disclosure of such records, the…

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Discipline as Defamation: Title IX, Disciplinary Panels, and The Risks of Righteousness in The Wake of Wells V. Xavier and Harris V. St. Joseph’s

Two recent court rulings illustrate some of the perils facing university administrators when handling internal disciplinary complaints against students who have been alleged to have committed on-campus sexual assaults. These risks were previously discussed in the context of the plaintiff, Dez Wells’ Title IX claims in Wells v. Xavier University.  Of perhaps equal significance, however,…

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How Will The State Department of Education’s New Charter School Oversight Policies Be Implemented?

On August 11, 2014, the State Department of Education [“SDE”] announced via a press release  that it would immediately implement a series of policy changes designed to “ensure that all charter schools, operate according to high standards of educational excellence, organizational governance, accountability, and transparency.” These policy changes follow what can best be described as…

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Loose Lips Sink Ships: The Limits of the Attorney-Client Privilege and the Dangers of “Public” Reliance Upon Your Attorney’s Opinions

Public agencies often secure opinions from legal counsel to guide their actions. However, these agencies should be aware that what they say in public about the advice given may jeopardize the confidentiality of the legal opinion. In Cragg v. First Selectman Town of Marlborough, #FIC 2013-452 (May 28, 2014), a citizen requested a copy of…

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Environmental Considerations For School Construction

School building projects are never something that school boards enter into lightly, fraught as they are with financial, political and educational considerations.  As environmental attorney Jean Perry Phillips notes,  the foundation of any successful school building project is due diligence, a critical component of which is assessing the presence of any environmental issues.  Recognizing and…

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