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Latest Cases & Developments
Date:
Tannous v. Cabrini Univ. (E.D. Pa. Oct. 4, 2023)
Memorandum granting-in-part and denying-in-part Defendant’s Partial Motion to Dismiss. Plaintiff, a former tenure-track professor at Cabrini University who is Palestinian-American, brought discrimination, retaliation, and contract claims against the University after it terminated him for violations of its social media policy after two community groups alerted the University to postings on his personal accounts that they considered to be anti-Semitic. In dismissing his discrimination claim, the court found that plaintiff’s assertion that the University knew of the character of his social media presence and took no action immediately after the community complaints made it implausible that his termination following two additional postings that were “particularly inflammatory” reflected discriminatory intent. The court found that dismissal of plaintiff’s contract claim would be premature absent an authenticated copy of the faculty handbook with its statements on social media use and discussion of the AAUP’s 1940 Statement on Principles on Academic Freedom and Tenures.
Topics:
Academic Performance and Misconduct | Discrimination, Accommodation, & Diversity | Race and National Origin Discrimination | StudentsDate:
Donohue v. Capella Univ. (D. N.J. Aug. 22, 2023)
Opinion granting Defendant’s Motion to Dismiss. Plaintiff, a former online doctoral student at Capella University, brought contract, negligence, and negligent infliction of emotional distress claims against the University after it expelled him when (1) the SafeAssign plagiarism detection program showed that he had plagiarized 100% of an assignment, and (2) he then subsequently failed to complete a “remediation assignment” with the required number of properly used citations. In dismissing his contract claims, the court held plaintiff had not plausibly alleged that the University substantially departed from its access policies when it provided him only limited access to online resources during the period in which he was completing the remediation assignment. It further held that he had not identified a policy provision the University violated by using the SafeAssign program, which he had alleged was “known to be faulty.” The court held plaintiffs NIED claim failed because he had not alleged the University’s actions had caused the death or serious bodily injury of another individual.
Topics:
Academic Performance and Misconduct | Students
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