Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING

Journal of Law and Education, Winter 2019 | Go to article overview

Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING


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. …

The rest of this article is only available to active members of Questia

Already a member? Log in now.

Notes for this article

Add a new note
If you are trying to select text to create highlights or citations, remember that you must now click or tap on the first word, and then click or tap on the last word.
One moment ...
Default project is now your active project.
Project items
Notes
Cite this article

Cited article

Style
Citations are available only to our active members.
Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

(Einhorn, 1992, p. 25)

(Einhorn 25)

(Einhorn 25)

1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

Note: primary sources have slightly different requirements for citation. Please see these guidelines for more information.

Cited article

Recent Decisions- UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING
Settings

Settings

Typeface
Text size Smaller Larger Reset View mode
Search within

Search within this article

Look up

Look up a word

  • Dictionary
  • Thesaurus
Please submit a word or phrase above.
Print this page

Print this page

Why can't I print more than one page at a time?

Help
Full screen
Items saved from this article
  • Highlights & Notes
  • Citations
Some of your highlights are legacy items.

Highlights saved before July 30, 2012 will not be displayed on their respective source pages.

You can easily re-create the highlights by opening the book page or article, selecting the text, and clicking “Highlight.”

matching results for page

    Questia reader help

    How to highlight and cite specific passages

    1. Click or tap the first word you want to select.
    2. Click or tap the last word you want to select, and you’ll see everything in between get selected.
    3. You’ll then get a menu of options like creating a highlight or a citation from that passage of text.

    OK, got it!

    Cited passage

    Style
    Citations are available only to our active members.
    Buy instant access to cite pages or passages in MLA 8, MLA 7, APA and Chicago citation styles.

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn, 1992, p. 25).

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences." (Einhorn 25)

    "Portraying himself as an honest, ordinary person helped Lincoln identify with his audiences."1

    1. Lois J. Einhorn, Abraham Lincoln, the Orator: Penetrating the Lincoln Legend (Westport, CT: Greenwood Press, 1992), 25, http://www.questia.com/read/27419298.

    Cited passage

    Thanks for trying Questia!

    Please continue trying out our research tools, but please note, full functionality is available only to our active members.

    Your work will be lost once you leave this Web page.

    Buy instant access to save your work.

    Already a member? Log in now.

    Search by... Author
    Show... All Results Primary Sources Peer-reviewed

    Oops!

    An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.