Topic: Higher Education

Georgia Prosecutors To Argue That The Atlanta Public School System Is a Racketeering Enterprise

Jury selection has begun in the criminal trial of 12 Atlanta teachers and administrators accused of conspiring to alter and inflate student scores on standardized testing utilized to gauge compliance with, and eligibility for funding incentives under, the federal No Child Left Behind Act.  The educators are being tried under Georgia’s Racketeering Influenced and Corrupt…

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When The Teacher Is The School Bully

Anti-bullying laws may now have a significant impact on what is considered to be “emotional abuse” in schools.  Recently, the Connecticut Supreme Court concluded that a teacher’s bullying behavior toward a student met the legal definition of emotional abuse. Nicholas Frank v. Department of Children and Families, SC 18980, July 8, 2014.   In this case,…

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Wells v. Xavier University: Investigating Campus Sexual Assaults and The Perils of Predetermination Under Title IX

The recent wave of Title IX complaints filed with the United States Department of Education’s Office for Civil Rights [“OCR”], claiming that colleges and universities were either ignoring or mishandling reports of sexual assaults has underscored the importance of implementing effective student sexual harassment policies and procedures. At the same time, the recent case of…

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Wager v. Moore: When May A College Have A Duty To Protect The Safety Of Its Students?

Generally speaking, from a legal standpoint, the courts have held that colleges and universities do not have a duty to safeguard the safety of their students.   However, in Wager v. Moore, 2013 WL 6989512 (Conn. Super. Dec. 18, 2013), the Connecticut Superior Court reminded us that there are exceptions to the general rule. In Wager,…

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The Road Not Taken

What is not alleged in a lawsuit can, paradoxically, sometimes serve as more of a cautionary note than what is, for its very absence brings it prominence.  Such is the case with Saliba v. Five Towns College, 2014 WL 92690 (E.D.N.Y.  Jan. 10, 2014), in which the plaintiff, a former Assistant Professor of English, claimed…

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Are School Tuition Payments Fair Game For Bankruptcy Trustees in Parents’ Personal Bankruptcy?

Parents who are forced to file for personal bankruptcy may be surprised to find that school tuition payments they made for their children years earlier could become the target of recovery by an aggressive bankruptcy trustee.  The theory of recovery in such cases is found in fraudulent transfer law, where all kinds of payments can…

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