Author: Michael P. McKeon

Half-Baked: Phillips Exeter, Sexual Assault, And A Recipe For Disaster

Considered one of the country’s most elite prep schools, Phillips Exeter Academy has recently joined the queue of prestigious private schools who have been accused of having ignored, suppressed, or minimized claims of sexual assault. A recent investigation by The Boston Globe’s Spotlight Team focused particular attention on a case in which a female student…

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Pinning It Down: Section 504 and Reasonable Accommodations in Kempf V. The Michigan High School Athletic Association

Less than two weeks after a deaf high school wrestler filed suit against Michigan’s governing body for interscholastic athletics, the parties voluntarily entered into a December 11, 2015 Consent Decree, thereby resolving Ellis Kempf v The Michigan High School Athletic Association. In his lawsuit, the wrestler, Ellis Kempf, alleged that the Association had, in part,…

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Testing, One, Two…. The United States Department of Education’s New Plan For Standardized Testing

This article was originally published in the December 2015 issue of the CABE Journal. Dramatically reversing its prior position on standardized testing, the federal government has concluded that perhaps it has been subjecting public school students to too much of it. On October 24, 2015, the United States Department of Education, or “DOE,” issued a…

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Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of greater interest, Yeasin addresses, at least implicitly, the question of whether Title IX requires colleges and universities to address gender discrimination that occurs…

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Pullman & Comley Attorneys Speak at CABE/CAPSS Annual Convention

Mark J. Sommaruga, Susan L. Scott, and Michael P. McKeon of Pullman & Comley’s School Law Section spoke on a number of education law topics at the annual joint convention of the Connecticut Association of Boards of Education and the Connecticut Association of Public School Superintendents [CABE/CAPSS]. The convention was held on November 20 and…

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Attorneys McKeon and Schurin Address Connecticut Association of Independent Schools on Transgender Student Issues

On October 19, 2015, Pullman & Comley School Law attorneys Michael P. McKeon and Zachary D. Schurin gave a presentation entitled “Transforming Equity: The Law and Transgender Students” to members of the Connecticut Association of Independent Schools [“CAIS”]. The presentation covered an array of topics including relevant statutes and new case law, bathroom and locker…

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Website Posting Requirements – Make Sure Your District’s Website Is Legally Compliant

The October 2015 edition of The CABE Journal features an article written by attorneys Zachary D. Schurin and Michael P. McKeon entitled “Board Members’ Homework Assignment: Make Sure Your District’s Website is Legally Compliant” that gives an overview of board of education and charter school website postings mandated by state law. The article is available…

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Making Bad Choices: TITLE IX, TITLE VII AND LUDLOW V. NORTHWESTERN UNIVERSITY

A prior post  considered the case of Ha v. Northwestern University, in which the plaintiff claimed that Northwestern had violated Title IX by insufficiently disciplining one of its professors, Peter Ludlow, despite concluding that he had gotten Ha, a freshman, too intoxicated to offer “meaningful consent” and had then made inappropriate sexual advances.  Surprisingly, despite…

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Taking The “Due” Out of Due Process – OSERS and Compliance Complaints

During a brief altercation in Dashiell Hammett’s classic novel, The Maltese Falcon, the protagonist, Sam Spade, warns one of his antagonists that “when you’re slapped, you’ll take it and like it.”  That is much the same approach taken by the United States Department of Education’s Office of Special Education and Rehabilitative Services [“OSERS”] when it…

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