Federal and State Courts Dismiss Lawsuits Against Community College

Recently, two separate courts agreed with CMDA that the lawsuits two former community college instructors filed against the college should be dismissed. The underlying facts showed that two full-time instructors were involved in a series of conflict resolution sessions where both parties were advised to be civil and follow the rules of the college. The evidence also showed that when one of the full-time instructors was going up for tenure, […]

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Supreme Court Opinion Released: Fry, IDEA, FAPE and Administrative Remedies

A school district refuses to allow the service dog of a student with disabilities into the classroom because the student was assigned a one-on-one instructional aide by the school district, rendering the service dog superfluous. The parents remove their child from the school district and ultimately sue the school district and the school’s principal for violations of Title II of the American’s With Disabilities Act (ADA) and Section 504 of […]

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An Overview for Termination Decision Making

Patrick R. Sturdy is a partner in our Livonia office where he concentrates his practice on education law, intellectual property, business law, and employment and labor law. He may be reached at (734) 261-2400 or psturdy@cmda-law.com. An Overview for Termination Decision Making The following overview should be considered in making the decision to terminate an employee legally defensible. The overview is limited to the information which should be considered during […]

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Department of Education and Transgender Facilities

May 13, 2016 the U.S. Department of Justice and the U.S. Department of Education issued a “Dear Colleague” letter to all schools in the country receiving money from the federal government directing that “when a school provides sex-segregated activities and facilities, transgender students must be allowed to participate in such activities and access such facilities consistent with their gender identity.” Gender identity refers to an individual’s internal sense of gender.  […]

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Case Law Update: LCC-MAHE v LCC Board of Trustees

CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Lansing Community College Chapter of Michigan Association for Higher Education v. Lansing Community College Board of Trustees January 21, 2016;  2016 WL 300954 This case concerns the applicability of the Michigan Uniform Arbitration Act […]

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Case Law Update: Cass v. Michigan State University and Coalition of Labor Organization at MSU

CASE LAW UPDATE The following Case Law Update summarizes a recent important case.  It is provide to help clients stay up-to-date on recent case law developments in education law. For further information, please contact Patrick Sturdy. Cass v. Michigan State University and Coalition of Labor Organization at MSU (February 18, 2016; 2016 WL 683145) This was a breach of contract action between plaintiff Cass, a former employee and member of […]

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Case Law Update: Dyshawn Pierre v. University of Dayton

CASE LAW UPDATE Dyshawn Pierre v. University of Dayton (2015 WL 6125303, United States District Court, S.D. Ohio, Western Division) October 19, 2015 In this case, the student Plaintiff claimed that his rights under Title IX and the Americans with Disabilities Act (ADA) were violated. The Plaintiff requested a temporary restraining order to prevent his one semester suspension from the University from taking effect. The Plaintiff further sought to vacate […]

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Case Law Update: Stolle v. Kent State University

Stolle v. Kent State University 610 Fed. Appx. 476, United States Court of Appeals, 6th Circuit, May 1, 2015 Dr. Ronald Stolle, a non-tenure track faculty instructor in the Department of Finance for Kent State University (KSU) sued the College and several administrators alleging retaliation for exercising his First Amendment Rights. The facts of the case show that on January 8, 2011, Dr. Stolle wrote a three page letter to […]

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Case Law Update: Silk v. Board of Trustees, Moraine Valley Community College

CASE LAW UPDATE Silk v. Board of Trustees, Moraine Valley Community College 795 F.3d 678 (July 30, 2015) Mr. Silk was an adjunct professor at the College and he began working there in 1986. As an adjunct professor he was non-tenured and an at-will employee. Mr. Silk’s typical teaching load included four courses during the fall and spring semester and two or three classes during the summer. In March of […]

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Case Law Update: Minnis v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College

CASE LAW UPDATE Minnis v. Board of Supervisors of Louisiana State University and Agricultural and Mechanical College 2015 WL 3941846 (June 29, 2015) Mr. Minnis, the former coach of the LSU women’s tennis team sued the University claiming Title VII and Title IX discrimination when the University failed to renew his contract in June of 2012. Minnis was hired in 1991 and was the first African-American coach of any sport […]

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