Topic: Higher Education

A Kindergarten Student and Her Dog Named Wonder: What Rights Do Students Have To Service Animals In The Classroom?

What are the parameters for requiring schools to accommodate students’ service animals in the classroom? The United States Supreme Court recently turned prior thinking on this issue on its head, finding that even though a student does not need the service animal in order to receive a “free appropriate public education” as required by federal…

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Governor Malloy Issues Executive Order On Transgender Students’ Use of Bathrooms in Public Schools

On Wednesday, President Trump’s administration decided to rescind, pending further review, the Obama administration’s federal guidance that requires transgender students receive access to the restrooms and locker rooms of their chosen gender identity. In response, Governor Malloy yesterday issued his own Executive Order that essentially renders the President’s action void in Connecticut and requires Connecticut’s…

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Undocumented Immigrants, The Schools And The Obligations To Cooperate With “ICE”

A lot of heat is emanating from Washington D.C. over enforcement of laws concerning “undocumented” immigrants. Especially controversial is the possibility of greater action by the U.S. Immigration and Customs Enforcement [“ICE”] bureau, including bureau agents making visits to the schools.  This battle has led to competing visions, with Governor Malloy and Commissioner Wentzell issuing…

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Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being a constitutionally protected property interest in continued enrollment.  In Doe, the court held that the plaintiff student’s payment of tuition…

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Making Different Choices: Navigating University Grievance Procedures Under Title IX in MOORE v. TEMPLE UNIVERSITY

A recent decision by the United States Court of Appeals for the Third Circuit in Moore v. Temple University serves as a cautionary lesson for those seeking to pursue an action under Title IX of the Education Amendments of 1972.  More specifically, the Third Circuit affirmed the trial court’s entry of summary judgment in favor…

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I Meant What I Said: Transgender Student Rights In Connecticut In The Face Of The Latest Federal Court Developments

As we have previously written, the United States Departments of Education and Justice issued joint guidance for school districts regarding transgender students via a May 13, 2016 “Dear Colleague Letter.” This guidance was based on their interpretation of Title IX of the Education Amendments of 1972, which is a federal law prohibiting gender-based discrimination in…

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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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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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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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Property Tax Exemption for Residential Properties Revoked for Many Connecticut Colleges and Universities

During the recently concluded special session, the Connecticut General Assembly approved, and the Governor subsequently signed into law, Section 244 of Public Act No. 15-5 (June Special Session) that revokes the property tax exemption long enjoyed by private colleges and universities on certain of their residential properties.  Effective October 1, 2015, any residential real property…

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