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New Cases and Developments

NACUA's Legal Resources staff summarizes current higher education cases and developments and provides the full text of selected cases to members. New cases and developments are archived here for up to 12 months.  Cases provided by Fastcase, Inc.

Selected Topics: Students Academic Misconduct
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Students; Academic Misconduct

Karimi v. Golden Gate School of Law, et al. (N.D. Cal. April 23, 2018)

Order denying Plaintiff’s Motion for Preliminary Injunction and Temporary Restraining Order (TRO). Plaintiff, a law student at Golden Gate University School of Law (GGUSL) who proceeds pro se, was placed on interim suspension and charged pursuant to GGUSL’s Code of Conduct with disruptive or unprofessional conduct relating to his repeatedly emailing classmates through an instruction-specific tool, among other reasons. Plaintiff sought a preliminary injunction and a TRO to refund his tuition and to bar GGUSL’s pending conduct proceeding against him.   The court denied Plaintiff’s request to refund his tuition since monetary harm does not constitute irreparable injury, and thus is not properly awarded as injunctive relief. The court further found that Plaintiff’s claims did not support the injunction he sought, since he could not show irreparable harm or a likelihood of success on the merits for his breach of contract, defamation, or IIED claims.
4/27/2018
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Students; Academic Misconduct

Pauyo v. Adelphi University (N.Y. Sup. Ct. March 28, 2018)

Decision, Order, and Judgment denying Petitioner’s Article 78 Petition for Reinstatement and Declaration of Arbitrary and Capricious Action. Petitioner is a former graduate student of Adelphi University (AU)’s School of Social Work who challenged her dismissal from AU. Respondents argued that their decision to dismiss Petitioner was based on her termination from two required field placements as a result of her “hostile temperament and inability to accept constructive feedback and follow her supervisors’ recommendations.” In denying the petition, the court found that Respondents’ decision to dismiss Petitioner was neither arbitrary nor irrational.

4/6/2018
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Due Process; Discrimination, Accommodation, & Diversity; Students; Academic Misconduct; Constitutional Issues

Behne v. Union County College, et al. (D.N.J. Jan. 26, 2018)

Unpublished Opinion granting-in-part and denying-in-part Defendants’ Motion for Summary Judgment. Plaintiff, who was enrolled in Union County College (UCC)’s Physical Therapy Assistant Program, was dismissed after an affiliated clinical site terminated him for “setting up a patient” without authorization and lying about his authorization to do so. Prior to this termination, Plaintiff signed a learning contract with UCC arising from inappropriate behavior he exhibited at a different clinical site that led to UCC’s issuing an academic integrity violation. Among his claims, Plaintiff alleged that his dismissal from the Program violated the First, Fifth, Fourth, and Fourteenth Amendment of the Constitution and analogous provisions of the New Jersey Constitution; violated contract law, most notably, breach of contract; amounted to discrimination under New Jersey law; aided and abetted discrimination under New Jersey law; created a hostile educational environment; and amounted to tortious conduct. The court found that Plaintiff’s breach of contract claim could proceed because he raised genuine issues of material fact regarding “the scope of [the] learning contract, the propriety of the dismissal from the [second clinical site] as a justification for his dismissal from the Program, UCC’s notice to him and his ability to be heard, and… whether he was provided an appropriate appeal.” As a corollary to Plaintiff’s breach of contract claim, the court allowed Plaintiff’s procedural due process claims, negligence, and fraudulent misrepresentation claims to proceed. Plaintiff’s remaining claims were denied. 
1/30/2018
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Academic Misconduct; Admissions; Students; Due Process; Retaliation; Constitutional Issues

Isaacs v. Trustees of Dartmouth College (D.N.H. July 12, 2017)

Order granting in part Defendants’ Motion to Dismiss, dismissing certain claims sua sponte, and ordering Plaintiff to show cause. Plaintiff had attended the University of Southern California’s Keck School of Medicine (USC) until he was dismissed after his first year for harassing a classmate. He was later awarded a medical degree by the American University of the Caribbean, Netherlands Antilles, and served the first three weeks of his residency at the University of Arizona (UA). After resigning from UA, he then applied for and obtained a residency at the Dartmouth-Hitchcock Medical Center (DHMC). Plaintiff’s application materials omitted attendance at USC and his aborted residency at UA from his application. After DHMC dismissed him for academic deficiency, inappropriate behavior, and falsification of reports, along with the misrepresentation on his application, Plaintiff sued the Trustees of Dartmouth College, DHMC, and others alleging substantive and procedural due process violations, conspiracy to deprive him of his civil rights, and Americans with Disabilities Act (ADA) retaliation, among other claims not adjudicated here. The court dismissed Plaintiff’s first three claims and ordered him to show cause why his ADA retaliation claims should not be dismissed with prejudice for failure to exhaust administrative remedies. 

7/14/2017
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