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Category: Investigations

Sixth Circuit Addresses Cell Phone Searches

Monday, 22 April 2013 by Kevin Sutton
We always keep a careful eye on decisions from the United States Circuit Court for the Sixth Circuit.  The Sixth Circuit is the appellate court for all federal trial courts in Michigan, Ohio, Kentucky and Tennessee.  Accordingly, Sixth Circuit decisions establish binding legal precedent that will be applied to Michigan students.  The Sixth Circuit’s recent
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  • Published in General Education Law, Investigations, Litigation
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Michigan Increases Online Privacy Rights for Employees and Students

Wednesday, 09 January 2013 by Kevin Sutton
As part of the flurry of activity that personified the end of the Legislative session, Michigan became the fourth state to implement rigorous online privacy protections for employees and students. The Internet Privacy Protection Act, 2012 PA 478, “prohibit[s] employers and educational institutions from requiring certain individuals to grant access to, allow observation of, or
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  • Published in General Education Law, Investigations, Labor and Employment Law
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Reel Talk: Kevin Sutton Examines a Recent Court of Appeals Decision

Friday, 03 August 2012 by Kevin Sutton
Kevin Sutton discusses a recent decision from the Michigan Court of Appeals; a case where things turned out well for the school district, but the circumstances that arose may have been handled in a more effective manner. A copy of the Court’s opinion in Morley v. Grand Rapids Public Schools, can be accessed here.
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  • Published in Investigations, Litigation
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Appellate Court Addresses Claims of Race Harassment in the Workplace

Monday, 05 March 2012 by Kevin Sutton
A recent decision from the Court of Appeals for the Sixth Circuit in Berryman v. Supervalu, (6th Cir. Ohio 2012), instructs that an employee need not be the target of, or a witness to, workplace harassment in order to sue their employer, but the employee must at least have knowledge of the harassment to succeed
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  • Published in Investigations, Labor and Employment Law, Litigation
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Responding to Sexual Violence

Monday, 09 May 2011 by Kevin Sutton
The Office for Civil Rights (OCR) of the United States Department of Education recently issued guidance on the responsive actions required to be followed by a school district where it learns of possible sexual violence involving a student.  The lengthy “Dear Colleague” letter issued April 4, 2011 addresses, in part, a school district’s obligations under
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  • Published in General Education Law, Investigations
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Office for Civil Rights Provides Guidance on Bullying

Tuesday, 02 November 2010 by Kevin Sutton
The United States Department of Education Office for Civil Rights (OCR) very recently released a communication concerning the bullying of students.  The guidance document alerts school districts of the fact that some bullying activities may require action under one or more of the federal nondiscrimination laws enforced by OCR.  Such action would be in addition
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  • Published in Disability Law, General Education Law, Investigations
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A Cautionary Tale: The ABM Settlement

Friday, 03 September 2010 by Kevin Sutton
Employers often mistakenly assume that simply having policies in place that discourage discrimination, harassment, or other improper employee conduct is enough to limit their potential exposure to liability.  While having such policies in place is certainly an important first step, employers are obligated to promptly respond to all complaints of improper employee conduct.  Frequently, the
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  • Published in Investigations
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