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24

Nov

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SCHOOL DISTRICT AND UNIVERSITY ADMINISTRATORS’ DUE PROCESS IN INVESTIGATIONS AND TERMINATION PROCEEDINGS

SCHOOL DISTRICT AND UNIVERSITY ADMINISTRATORS’ DUE PROCESS IN INVESTIGATIONS AND TERMINATION PROCEEDINGS      As a general principle, public school district administrators have at least a modest level of due process rights under state law as well as federal law, supported...

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28

Jul

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STUDENT FREE SPEECH

The U.S. Constitution’s First Amendment states: “ Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably...

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26

May

Frivolous and Meritless: Dismissing Some Title IX Complaints

Title IX is featured in virtually every university student handbook, as well as in many faculty contracts and university policies. These policies invite complaints, and once filed, investigations ensue. Investigating Title IX complaints can cause the respondent mental distress, to...

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24

Mar

SPECIAL EDUCATION AND TERMS YOU NEED TO KNOW

            In 1975, Congress passed the Individuals with Disabilities Education Act (IDEA), formerly known as the Education for All Handicapped Children Act, with the goal of ensuring that students with a qualified disability are provided with a Free Appropriate Public...

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24

Feb

FACULTY PROMOTION ALERT: YOU ARE BEING GRADED ON “COLLEGIALITY”

     For most of the history of college and university promotion and tenure practices, eligible non-tenured faculty could expect that by year 6 or 7 that they would be able to apply for promotion from assistant professor to associate professor...

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19

Nov

TEACHERS’ EMPLOYMENT RIGHTS IN MISSOURI AND KANSAS

Prior to 2014, public school teachers in both Missouri and Kansas enjoyed due process protections against arbitrary suspension or dismissal from employment. That changed in Kansas in 2014 when the Legislature abolished teacher tenure and gave individual school districts the...

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28

Oct

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MEDICAL STUDENT PROFESSIONALISM APPEALS

            Medical students are certainly aware of the importance placed on professionalism in both the didactic and clinical settings.  Such professionalism violations can have a negative impact on a medical student’s chances of matching in the residency match process. For...

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23

Sep

TITLE IX MISCONDUCT HEARINGS COHEN DUNCAN LAW FIRM

NEWEST GUIDANCE REGARDING UNIVERSITY TITLE IX MISCONDUCT HEARINGS

In 2020, the federal Department of Education amended the regulations implementing Title IX, providing more procedural protections for university students facing Title IX misconduct hearings.  These new regulations established baseline procedural protections for university students named as respondents in Title...

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26

Aug

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THE ROLE OF PSYCHOLOGICAL EVALUATIONS IN STUDENT DISMISSAL APPEALS

Every student appeal case is unique but many cases share common fact patterns and themes. The fundamental dichotomy has to do with whether the dismissal was “academic” or “disciplinary.” Dismissals described as involving ‘professionalism violations’ are a hybrid and can...

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15

Jul

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THE REGULATION OF OFF-CAMPUS PUBLIC SCHOOL STUDENT SPEECH

Public school students, parents, teachers, administrators and school board members are now finally informed of the rules relating to an attempt by school officials to sanction or punish off-campus student speech which school officials find offensive. On June 23, 2021...

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