© 2016 by Phyllis W. Cheng. William Morris' 1875 Acanthus wallpaper in public domain.  Created with Wix.com.

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Education 

 

  • Action by male student alleging officials responsible for his Title IX process at a public university violated his due process rights by deliberately pursuing, investigating, trying, and convicting him of the alleged sexual assault of a female student, when witnesses and exculpatory evidence showed no sexual assault occurred.  University officials alleged they had provided male student with an appropriate disciplinary hearing, and claimed qualified immunity.  The state trial court denied male student’s petition for writ  of administrative mandate. In a published opinion, the state appellate court reversed and issued a remittitur in favor of male student.  A separate federal court action by male student alleging violation of constitutional due process and various torts had been stayed pending resolution of the state court proceedings.  Resolved globally through mediation.

  • Action by 69-year-old teacher alleging her former employer, a school district, discriminated against and harassed her on the basis of her age, and retaliated against her after she complained. The former employer alleged the teacher refused to accept constructive feedback on her performance, was the subject of complaints and an investigation for acting out toward students, and had had elected to retire. Resolved by mediator’s proposal.

 

  • Action by professor alleging his former employer, a public university, retaliated against him following an administrative settlement of his complaint for age, race and disability discrimination. The professor claimed that the university failed to honor the terms of the settlement agreement, impeded his research and teaching opportunities, and barred him from attending professional conferences. The university alleged the professor had earlier elected to benefit from a faculty early retirement program that permitted him to both collect a pension and work part-time, an option that limited his teaching and research activities, and travel had not been authorized under the federal program that funded the professor’s work. The trial court granted summary judgment for the university. The appellate court found triable issues and overturned the trial court. Resolved by mediator’s proposal.

  • Class action by 18 to 21-year-old disabled incarcerated inmates in county jails alleging failure of multiple state, regional and local agencies to provide them with special education required by federal law. The public agencies alleged their policies and procedures comply with applicable law. This case commenced in 2008, was removed to federal court, and had been appealed at various levels, including the California Supreme Court. Portions of the class action were settled over nine years. Case litigated for 10 years of which portions of the class action were settled.  Fully resolved by mediator’s proposal.​

  • Action by a group of deaf teachers in a public school for the deaf alleging their employer, a school district, failed to provide effective communication devices and reasonable accommodation under federal and state public accommodations and disability access laws. Following partial settlement on the case in chief, the parties disputed plaintiffs’ attorneys’ fees. The school district alleged the attorneys’ fees demand was excessive. Resolved by mediator’s proposal.

 

  • Action by facilities manager alleging her former employer, a public university, discriminated against and harassed her because of her race and sex, retaliated against her for complaining, constructively terminated her, and committed other compensation violations and torts against her. The university alleged the employee failed to exhaust her administrative remedies. Resolved by mediator’s proposal.​

  • Action by tenure-track professor alleging her former employer, a public university, discriminated against her when it denied her tenure and terminated her on account of her sex, age and marital status. The employer alleged that the professor had not met the standards for research and teaching required for tenure following a seven-year probationary period.