Allen Law Blog

    Disability Rights in Higher Education

    Students with disabilities are disproportionately at risk to be victims of crimes—up to three times more likely to be attacked. Federal law protects all students with disabilities from being unfairly discriminated against to enable them to feel physically and mentally safe within the institution. Unfortunately, the system is not perfect. There are times when filing a discrimination claim is your…

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    The Sixth Circuit Court of Appeals Rules to Protect College Students with Disabilities Five Lessons from Endres v Northeast Ohio Medical University

    The Sixth Circuit Court of Appeals just reversed a lower court in a university plagiarism case against a disabled student. The school expelled a medical student over accusations of cheating. It ignored two doctors and the student’s own protests that the behavior he was accused of was a manifestation of his disability, not cheating. Sandra Emerick, Northeast Ohio Medical University’s…

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    What Happens if You’re a Faculty Member Accused of Misconduct? Can Title VII Protect You?

    Title VII of the Civil Rights Act of 1964 forbids employers from discriminating based on race, color, religion, sex, or national origin, and overlaps with Title IX (sex discrimination) and Title VI (race, color, religion or national origin). Forms of discrimination include creating a hostile work environment, disparate treatment, disparate impact, mixed motive discrimination, and retaliation. Create a Paper Trail…

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    Trauma and the Daubert Standard

    Plaintiffs claiming they were wrongly expelled for false allegations of sexual misconduct in colleges and universities have repeatedly challenged so-called “trauma informed” interview techniques. Their challenges most often fail: three times in the Federal District Court of Colorado and once each in the Southern District Court of Iowa, the Southern District of Ohio, and District of New Jersey. Even where…

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    Just Say No to School Rules that Discriminate against Users of Medical Marijuana

    If your employer or school punishes you for legally using marijuana, you can just say, “No.” No to discrimination against you under state medical marijuana statutes. States are increasingly edging towards the complete legalization of marijuana. Almost half have made medical marijuana legal. Some, including Connecticut, Rhode Island, and New York and Massachusetts, give licensed users of medical marijuana protections…

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    Five Big Myths About Title IX and Your Education Rights

    When issues of gender discrimination arise in the school system, discussion of Title IX isn’t far behind. From athletics to classrooms and across other extracurricular departments, Title IX is a pivotal piece of legislature that protects your right to be free from gender discrimination.  Title IX is part of the 1972 Education Amendment, enforced by the U.S. Department of Education’s…

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    The ABA Just Rejected “Affirmative Consent” Rules for Sexual Assault

    Here Are Three Take-Home Lessons for Campus Sexual Assault and Title IX Cases The American Bar Association just rejected a proposal to incorporate “affirmative consent” into American criminal law.  There are three take away points for campus rules regulating sexual assault and Title IX enforcement:  “Affirmative consent” rules lie far outside the mainstream of American justice, despite their almost universal…

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    How to Stop Cyberbullying by Defending Yourself

    In a Cyberbullying attack, the aggressor’s objective is to harm the credibility of the victim and damage their psychological well being, but the Cyberbully’s aim is also more than personal. They seek to damage the reputation and social standing of the victim in the community at large. Cyberbullies are known to hide behind screens of anonymity on social media platforms….

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    Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case

    Three Lessons For Victims Of Campus Sexual Assault In The Purdue University Case At the end of June as the dog days of summer began, a three-Judge panel, all women judges of the 7th Circuit Court of Appeals, ruled against Purdue University. The Appeals Court decided in favor of a male student who sued Purdue under Title IX for discriminating against…

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    What Happens If You Get Charged With Student Misconduct?

    As a student at the university level, conduct is as important as academic excellence. While you are on your journey to becoming a professional and an adult, you may have found yourself in a situation that warrants learning more about student misconduct. Unfortunately, situations arise where a student fails to meet the ethical standards or code of conduct put in…

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