Academic journal article Journal of Law and Education

Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING

Academic journal article Journal of Law and Education

Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING

Article excerpt

Faculty and Administration

Nursing student sued university alleging negligent misrepresentation, breach of fiduciary duty, fraud, breach of contract, promissory estoppel, and negligence for the school's failure to receive accreditation for its nursing program. The student alleged that the Dean of the College of Nursing guaranteed that the school would be accredited before the first student graduated from the program. The Dean denied having made any such guarantee. Held: For the student in part and for the school in part. Summary judgement was improper for the fraud, promissory estoppel, and misrepresentation claims as there were issues of material fact still to be proven. There was no issue as to the granting of summary judgment on the other claims. Patel v. University of Toledo, 95 N.E. 3d 979 (Ohio Ct. App. 2017).

Athletics

Widow of former college football player sued athletic association for negligence and wrongful death. The widow asserts that the athletic association knew or should have known about the risks of head trauma to student athletes and the risk of developing CTE at the time the deceased husband played football. She sought to compel discovery of all documents in the association's possession from the year 1906 to present regarding student health. Held: For the Association in part and for the widow in part. The widow was entitled to discovery of documents related to injuries similar to the one suffered by her husband, but was not entitled to discovery of information related to head trauma generally. She was also entitled to discovery of documents related to all sports, not just football. In re Nat. Collegiate Athletic Association, 543 S.W. 3d 487 (Tex. App. 2018).

Defendants sought to dismiss indictment which charged them with conspiring in scheme to bribe prospective college basketball players. The defendants alleged that the indictment failed to allege a crime, because it did not allege that the purpose of the scheme was to injure the involved universities or deprive them of money or property. Held: For the prosecution. The scheme to facilitate the payment of bribes was hidden from the universities, thus potentially subjecting the universities to numerous penalties regarding the amateur status of the athletes. The defendant's arguments either disregarded allegations contained in the indictment, depended upon assertions outside the indictment, were premature, or all three. United States v. Gatto, 295 F. Supp. 3d 336 (S.D.N.Y. 2018).

Constitutional Claims and Civil Rights

Students sued university and professors under Title IX alleging strict liability, unwanted sexual contact, quid pro quo, hostile environment, and deliberate indifference resulting in sexual harassment. Two students were sexually harassed by a university professor. Following various reports, the professor was placed on administrative leave pending the investigations. The students sued the University for violation of Title IX. In addition, the students sued another professor for not remedying the situation. Held for student in part and for the University in part. The Court concluded that the student was entitled to offer evidence to support her claims but denied the duplicative counts alleging deliberate indifference, quid pro quo harassment and hostile environment. Adams v. Ohio Univ., 300 F. Supp. 3d 983 (S.D. Ohio 2018).

Student sued school district for the student's removal from the high school's junior varsity cheerleading squad. The student was featured in a Snapchat that used profane language relating to the school and cheer team. The student was then dismissed from the team. Held: For the student. First, the court found that the student was likely to succeed on its motion because the school cannot punish students for private off campus speech. Second, the court found the dismissal from the student's extracurricular activity would cause irreparable harm. Therefore, the court granted the student's motion for preliminary judgment. …

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