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News

  • Due Process In Professor Appeals: Public vs. Private Universities

    College and university professors may be in need of legal assistance when facing a variety of institutional decisions adversely affecting their status, including promotion, tenure issues and professor appeals; misconduct allegations and discriminatory employment actions. All of these areas of...

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  • Post-Tenure Review For College And University Faculty

    The long-standing practice of awarding tenure to faculty members has been viewed by much of the public as a guarantee of lifetime employment for professors. This belief ignores the pervasive practice in American colleges and universities of conducting Post-Tenure Review...

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  • Title IX Sexual Misconduct At Private Universities

    Title IX of the Education Amendments of 1972 and its implementing regulations have found their way into the lives of university students and administrators at both public and private universities. However, public universities are clearly mandated to provide Constitutional Due...

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  • Professor Appeals Re Student Evaluations

    Having written previously about Post-Tenure Review within the subject of Professor Appeals, Mr. Cohen addresses an ongoing issue for non -tenured professors with regard to Student Evaluations. These are voluntary anonymous online ratings of professors which students are encouraged to...

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  • Medical Residents – Conduct or Competency Issues

    Although not common, Medical Residents can face dismissal for either conduct issues or competency issues. Residency programs are contracts between a teaching hospital and a graduate medical doctor who has been accepted to the program for typically a 3 year...

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  • Handling of Allegations of Title IX Sexual Misconduct

    “In September of 2017, Secretary of Education Betsy DeVos published a new Interim Guidance Press Release and  released a new interim “Q & A on Campus Sexual Misconduct” designed to serve as guidance for schools’ handling of allegations of Title...

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  • Justification of K-12 Student with Disability

    The justification for a child with any K-12 student with disability obtaining an IEP (Individualized Education Program) is that the disability impacts his opportunity to obtain a Free and Appropriate Public Education (FAPE). It can be as minor as a...

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  • Faculty Post-Tenure Review

    In an era of eroding legislative support for higher education, the assumed lifetime security of a tenured [caption id="attachment_472" align="alignright" width="300"] Senior professor[/caption] professorship at a college or university is not necessarily secure. Faculty members over the age of 65...

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  • Faculty Misconduct Allegations, Hearings And Appeals

    Faculty members of both private and public colleges and universities who face disciplinary action for  faculty misconduct allegations have important rights which require the skill and experience of a lawyer to enforce. For private colleges and universities, those rights are...

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  • Title IX Sexual Misconduct – Alcohol and Consent in College Sex

    Title IX sexual misconduct refers to certain types of behavior that include sexual harassment, non-consensual sexual contact (sexual assault), non-consensual sexual penetration (rape), and sexual exploitation. There are many variables in determining what actions constitute Title IX sexual misconduct. The...

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