Allen Law Blog

    Allen Law Wins Motion to Dismiss against Syracuse University

    Last week, the United States District Court for the Northern District of New York shot down Syracuse University’s attempt to dismiss the Complaint of “John Doe,” who sued the university for unfairly expelling him in 2017. This is a major victory for Allen Law LLC’s client, John Doe, who is represented by attorneys Michael Thad Allen of Allen Law LLC…

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    Judge Upbraids UConn for Unfair Investigation

    The University of Connecticut expelled a male student for an allegedly nonconsensual sexual encounter with a female student. But now a judge has issued a temporary restraining order to halt the student’s removal, on the grounds that the university’s investigation was wildly unfair. The Foundation for Individual Rights in Education (FIRE) has obtained a transcript of the court proceeding, which…

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    Allen Law LLC Wins Temporary Restraining Order for University of Connecticut Student

    As reported in the Hartford Courant on Saturday, Attorney Michael Thad Allen of Allen Law LLC successfully argued in the District Court for the United States District of Connecticut that the University of Connecticut denied his client, identified only as John Doe, his constitutional rights to due process. The decision, issued Thursday, January 23, 2020, required the university to permit…

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    Is Your Free Speech Protected on Social Media when You’re at School? The Answer Is …. Maybe?

    How broadly does the First Amendment’s free speech clause apply to students? This is a question that American courts have been interpreting for quite some time. Social media has made it more complicated. The First Amendment guarantees the right to free speech without government interference—with certain limits that are designed to protect the public. Today, social media is a hub…

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    Why Colleges and Universities Believe the Federal Drug Free Schools and Communities Act Prohibits (But Actually Doesn’t) Medical Marijuana on Campus

    As medicinal and recreational cannabis is becoming legal in more and more states, students are under the assumption that they can use medical marijuana on campus. It’s a fair assumption, especially if your state has legalized both medical and recreational use. Except your school most likely disagrees. Its phalanx of campus administrators who police “community standards” will not hesitate to…

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    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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