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 Student Conduct
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Student Conduct; Students

Salinas v. Palo Alto University, et al. (9th Cir. May 23, 2018)

Unpublished Memorandum affirming the district court’s award of summary judgment to the Defendants.  Plaintiff, a former graduate student at Palo Alto University (PAU) who proceeds pro se, alleged a number of state and federal claims against PAU based on his academic dismissal from the clinical psychology doctoral program. The court affirmed the district court’s finding that there was no genuine dispute of material fact to support Plaintiff’s breach of contract claim or Plaintiff’s claim that Defendants acted arbitrarily or capriciously. The court further found no genuine dispute of material fact to support Plaintiff’s allegation that he was subjected to disciplinary sanctions or dismissed because of protected speech. Last, the court affirmed dismissal of Plaintiff’s conspiracy claim because under California law, agents cannot “conspire” with their employer when acting in their official capacities.

Student Conduct; Students

Kelly Armstrong v. Clarkson College (Neb. September 1, 2017)

Opinion reversing the judgment of the district court and remanding the case for a new trial. Plaintiff, a nursing student, brought a breach of contract claim against Defendant, Clarkson College, after she was dismissed from a clinical site for misconduct, placed on clinical probation, and administratively withdrawn from the college. The court concluded that the district court erred in denying Defendant’s motion for a new trial because the district court prejudiced the Defendant by “failing to instruct the jury on the issue of [Plaintiff’s] alleged failure to fulfill a condition precedent by not exhausting Clarkson’s grievance procedure.”