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Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan
Saving Title Ix: Designing More Equitable And Efficient Investigation Procedures, Emma Ellman-Golan
Michigan Law Review
In 2011, the Department of Education’s Office of Civil Rights (OCR) issued guidance on Title IX compliance. This guidance has resulted in the creation of investigative and adjudicatory tribunals at colleges and universities receiving federal funds to hear claims of sexual assault, harassment, and violence. OCR’s enforcement efforts are a laudable response to an epidemic of sexual violence on college campuses, but they have faced criticism from administrators, law professors, and potential members of the Trump Administration. This Note suggests ways to alter current Title IX enforcement mechanisms to placate critics and to maintain OCR enforcement as a bulwark against …
Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Constitutional Law - Due Process - Automatic And Permanent Dismissal Of Public School Teachers For Invoking The Privilege Against Self-Incrimination, John B. Huck S.Ed.
Michigan Law Review
Petitioners, employed as public school teachers in New York City, were subpoenaed to appear before a Senate Internal Security Subcommittee. When questioned by the committee about communist activities, petitioners asserted the constitutional privilege against self-incrimination. Pursuant to the New York City Charter, they were summarily dismissed and permanently barred from re-employment by the city. No hearing was required nor given prior to the dismissal. There was no evidence of conduct otherwise warranting a dismissal. In an action for reinstatement, held, dismissal affirmed. Daniman v. Board of Education of City of New York, 306 N.Y. 532, 119 N.E. (2d) …