UNIVERSITIES AND OTHER INSTITUTIONS OF HIGHER LEARNING

Constitutional Claims and Civil Rights

Student su state university, alleging it violated the Americans with Disabilities Act in failing to admit him to medical institute The student was put upon the alternate waiting list to medical gymnasium and was allowed to register in a preparatory program for minority and economically disadvantaged applicants. His question at issues with short-term memory and reading spe caused moot points with achieving the required grade point average. He was tendered admission to medical school contingent on improvement of his grades and entrance exam scores, and chose to file suit. Held: For the university. scholar failed to prove a causal link between his disability and his dismissal from the program, since he was dismissed solely for failing to convenient academic requirements. Further, ample accommodations for the scholar were made. Bens v. Rector & Visitors of the University of VA, 145 F Appx. 7 (4th Cir. 2005)

University professor su university, alleging sex discrimination in failure to award raises to female professors. The university had established a program to reward tenur professors with additional increases in their salaries. For the first sum of two units years, the program rewarded alone male professors, and female professor filed suit. Held: For the university. The female professor's record was weak in the area of service to the university, in like manner the program need not have rewarded her. Furthermore, she failed to present to view evidence of discrimination. Farrell v Butler Univ., 421 F3d 609 (7th Cir. 2005)

University pupil sued athletic director and track coach claiming they violated his constitutional rights when he was remov from track team. The pupil claimed he was dismissed from the track team when he exercised his First Amendment right to at liberty speech and his Fourteenth Amendment right to owed process in appealing the non-renewal of his scholarship. Held: For the University in part and for the scholar in part. The student's articulate utterance did not touch upon matters of public relate to Thus, it was not guarded by the First Amendment. However, the learner did have just cause in claiming he was being penalized for appealing the non-renewal of his scholarship. Thus, in the latter claim, the athletic officials are not entitled to immunity against liability. Richard v Perkins, 373 F Supp 2d 1211 (D Kan. 2005)

Professor su faculty supervisor, alleging violation of her right to independent speech and academic freedom. The professor's supervisor told her she would ne to communicate her "incomplete" grade policy more clearly to her pupils if she wished to continue teaching. The professor alleged her constitutional rights were violated. Held: For the faculty supervisor. A university may constitutionally require a professor to provide detailed information to their learners about the administrative aspects of their course. Johnson-Kurek v Abu-Absi, 423 F3d 590 (6th Cir. 2005)

A university employee su gymnasium alleging gender discrimination. An employee complained to the university president that an appointee received a position because she was having an affair with a university administrator. Subsequently the university declined to recreate the complainant's contract. Held: For the university. The employee's talk with the president was not a saveed action. Also, discrimination in favor of someone involved in a romantic relationship was not sex-based discrimination and thus was not covered Wilson v. Delta State Univ., 143 F Appx. 611 (5th Cir. 2005)

University employee brought claims against body and officials for discrimination, retaliation, and eavesdropping. The issue was whether the officials had established their official immunity. Held: For the officials. It was not struggleed that the officials were acting in bad faith. The legality of the officials' leadership standing alone, was irrelevant to whether they were granted immunity. Tex State Tech community v. Cressman, 172 S.W.Sd 61 (Tex App. 2005)

Student su university, alleging constitutional violation of to be paid process. A student left single university to attend another. The National Collegiate Athletic Association governments prohibited her from participating in athletic competitions for individual academic year. She argued that she was entitled to notice and a meaningful hearing because of her reputation as a talented athlete with high earning potential. Held: For the university. The Texas Constitution did not afford pupils a protected interest in athletic participation. Reputation alone was not a harbored liberty for due process intentions Finally, Her future earning potential was not a legal entitlement and was, in any case, speculative. NCAA v Yeo 171 SW3d 863 (Tex 2005)

Student appealed dismissal of suit alleging breach of contract, negligence, and breach of human rights law. Nursing scholar was dismissed from nursing society after failing a certain course twice. Held: For the corporation Student was dismissed for genuinely academic reasons. The school's actions were not arbitrary, capricious, or in bad faith. Ochei v Helene Fuld association of Nursing of N. Gen Hasp., 22 A.D.3d 222 (NY App. Div. 2005)