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  • Date:

    Felkner v. R.I. Coll., et al. (R.I. Apr. 20, 2023)

    Opinion affirming summary judgment in favor of Rhode Island College. Plaintiff, a former student in the Master of Social Work Program at Rhode Island College who describes himself as a “conservative libertarian,” brought First Amendment claims against the College and multiple officials, alleging that his instructors rejected several advocacy project proposals aligned with his political perspective and then retaliated against him by assigning poor grades and by granting him only one conditional extension on the due date for his final project. In affirming summary judgment in favor of the defendants, the Supreme Court of Rhode Island held that plaintiff’s claim was barred by qualified immunity, noting that in the context of the “great deference” afforded to “academic decisions concerning grades, coursework, and progress within an academic program” it would be unreasonable to expect that faculty would have “had fair warning that their conduct potentially violated his constitutional rights.”  

    Topics:

    Academic Performance and Misconduct | Constitutional Issues | Discrimination, Accommodation, & Diversity | First Amendment & Free Speech | Retaliation | Students

  • Date:

    Fowler v. United States Dep’t of Educ. (E.D. Pa. Apr. 20, 2023)

    Memorandum granting defendants’ motions to dismiss. Plaintiff, who was a graduate student and Fontaine Fellow at the University of Pennsylvania in the 1980s, brought a contract claim against the University asserting that she was unaware that she had also borrowed $62,000 in federal student loans until she was placed on the federal Credit Alert Verification Reporting System and her credit was negatively impacted. She asserted that by processing her fellowship application, the University “agreed to properly process all matters related to her attendance.” Her contract claim failed, however, because she did not identify an explicit contract with the University and “breach of an implied promise is not cognizable under Pennsylvania law in the higher education context.”  

    Topics:

    Financial Aid, Scholarships, & Student Loans | Students