RECENT DECISIONS-UNIVERSITIES & OTHER INSTITUTIONS OF HIGHER LEARNING

Journal of Law and Education, Jul 2007

Constitutional Claims & Civil Rights

Students sued school administrator for sexual harassment and related civil rights claim. After a series of incidents involving sexual harassment and an incident of sexual assault, two female students at collegiate state technical school urged the dean to take action to prevent future incidents. The students, who were ultimately forced to withdraw from school, brought a civil rights claim. Held: For the administrator. At the time of the claim, the right of a students to bring a sexual harassment claim under federal law had not yet been recognized. White v. Gurnon, 855 N.E.2d 1124 (Mass. App. 2006).

Student sued school police officials alleging that their intrusion into his dorm room was unlawful. College student left his dorm room door ajar, exposing marijuana, a scale, and a large sum of money to a campus safety official. Police, after asking the campus safety official for consent, entered his room and confiscated the drugs and money. Held: For the campus police. Student's dorm room was protected by the Fourth Amendment and his signed dorm housing rules did not operate as a waiver to consent. Police entered his room unlawfully since they lacked consent. However, the Court found the evidence admissible since the student brazenly left his door ajar, allowing the evidence to inevitably be discovered. People v. Superior Court, 49 Cal. Rptr. 3d 831 (Cal. App. 6th Dist. 2006).

Doctoral student brought suit alleging various constitutional and civil rights violations against university. A doctoral candidate filed suit against the university after being denied a doctoral degree. Held: For the university. The university provided notice and offered many appeal options, which the student failed to employ. The student received notice from the university that his inaction rendered the matter closed. The court dismissed the action based on the student's failure to make use of the options provided by the school and his failure to file a timely lawsuit. MQiang Xu v. Mich. St. Univ., 195 Fed. Appx. 452 (6th Cir. 2006).

Faculty-Employment & Dismissal

Dean at state university alleged age discrimination was cause of termination. The former Dean alleged he was discriminated against because of his age, in violation of the Age Discrimination in Employment Act. Held: For the university. The Dean's replacement was only two years younger; the university had non-age based reasons for the termination; and the Dean failed to establish a connection between protected activities and his demotion. Lewis v. St. Cloud Univ., 467 F. 3d 1133 (8th Cir. 2006).

Professor sued university, alleging discrimination based on race, national origin, and religion. A professor of engineering at the University of Michigan alleged repeat discrimination: being passed over for promotions, receiving below-average salary increases, and victimization by mishandling of student evaluations. He also alleged he was dealt with unfairly in an electronic-file-copying dispute with a graduate student. Held: For the university. The professor failed to rebut the university's proffered rationale for the actions it had taken. Nor could he demonstrate that the handling of the file-copying dispute was materially adverse to him. Mazumder v. Univ. of Mich., 195 Fed. Appx. 320 (6th Cir., 2006).

Other Employees-Employment and Dismissal

University employee filed suit against university for wrongful termination. A former university pharmacy technician appealed his termination for falsifying mandatory certification documents. Held: For the university. The court found that the employee's termination was not grossly disproportionate to the offense. The employee admitted falsifying the documents. The university reasonably found that the employee's actions compromised his position of trust as a public servant. Dunlap v. La. St. Univ. Health Science Ctr., 938 So.2d. 109 (1st Cir. 2006).

Students with Disabilities

Student suffering from lupus sued institution for failure to reasonably accommodate her limitations under Americans with Disabilities Act ("ADA") and Rehabilitation Act. The student, enrolled in distance learning, asked for a transfer to a professor's group whose offices were closer to her home. The student's requests for an enrollment deferment were also refused. Held: For the school in part and the student in part. The Court found no violation in keeping the student in her assigned group, because the minute difference in distance from the student's already forty-five mile commute provided no benefit. However, the Court sent the deferment issue back to the lower court because the student's lupus relapsed during the requested year. Harriett v. Fielding Graduate Inst., 198 Fed. Appx. 89 (2nd Cir. 2006).

Student Loans

Student filed for bankruptcy and sought to have student loans guaranteed by the government discharged. The student was placed on probation from one college, dropped out of another, and then sought to reenter college upon the discharge of his loans. Held: For the U.S. Department of Education. The student did not show rare circumstances that demonstrate a certainty of hopelessness, as he had a bright future in front of him and his wages continually increased. He also planned to reenroll in college in order to obtain a degree. Furthermore, the student did not made a good faith effort to make payments on his government guaranteed loans. Therefore, the student loans were not discharged. Thornton v. U.S. Dept. of Edu., 352 B.R. 625 (Bankr. N.D. W.Va. 2006).