Appeals, Due Process, Educational Institutions

Ninth Circuit: Schools Cannot Add New Charges and Penalties Without Specific Notice and Meaningful Opportunity to Respond

Clark Hill PLC on 3/25/2025

In a recent student discipline case not involving Title IX, the Ninth Circuit emphatically confirmed that a public school student disciplined for misconduct has a due process right to notice of the specific charges and the...more

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

Clark Hill PLC on 1/17/2025

In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

Mitchell, Williams, Selig, Gates & Woodyard,... on 3/5/2020

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

College Cleared in Due Process Challenge Because Student Failed to Participate in Offered Process

Franczek P.C. on 12/10/2019

In a case that serves as a healthy reminder of the importance of drafting and abiding by clear disciplinary policies, an Illinois Appellate Court recently held that a College did not violate a student’s due process rights...more

First Circuit Splits from Sixth Circuit and Education Department on Title IX

Holland & Knight LLP on 8/15/2019

The U.S. Court of Appeals for the First Circuit determined that constitutional due process principles do not require public universities to permit respondents or their advisors to cross-examine complainants in Title IX...more

Seventh Circuit Finds School District Not Liable in Bullying Case

Franczek P.C. on 9/29/2015

The Seventh Circuit Court of Appeals, which is the federal appellate court with jurisdiction over Illinois, recently rejected an Indiana student’s claims against two school districts for allegedly improperly responding to...more