Education

As students pursue a college education, they should all be treated fairly and equally. Unfortunately, there are a variety of situations where students may face discrimination, and they may be treated differently based on their sex, gender identity, or sexual orientation. In cases where a student has experienced discrimination, they will need to understand how Title IX, a federal civil rights law, addresses their situation and provides them with protections. By working with an attorney who can provide representation
Continue Reading How Does Title IX Protect College Students Against Discrimination?

​​Nov. 10, 2021 – An action to compel a school district to turn over applications for a vacant school board position and applicants’ personal information will go forw​​​ard under an opinion issued by the Wisconsin Court of Appeals District II last week.
In Mastel v. School Di​strict of Elmbrook, 2020AP1871 (Oct. 28, 2021), a three-judge panel held that a Waukesha County Circuit Court judge erred by dismissing a mandamus action brought by a public records requester.

The requester,
Continue Reading Appeals Court Allows Mandamus Action on School Records to Proceed

Following publication of our recent Legal Update discussing the statewide surge of workplace safety grievances, we have received many questions regarding which grievance procedure provisions deserve immediate attention to best prepare for a potential grievance. While each district’s grievance procedure may contain procedures or provisions unique to itself, there are a few core provisions that should be included within all grievance procedures for purposes of providing a fair, effective, and efficient grievance process.

The first grievance procedure section deserving
Continue Reading School District Grievance Procedure Provisions to Immediately Review

School districts continue to navigate the challenges associated with delivering educational instruction during a pandemic. Wisconsin’s status as a COVID-19 “hot spot” continues, leaving districts in the position of having to closely monitor local data and make difficult decisions, oftentimes pivoting between instructional delivery models. Many school districts have seen a rash of workplace safety grievances filed pursuant to Wis. Stat. § 66.0509(1m) by district employees or union leadership raising workplace safety concerns and, in many instances, seeking relief
Continue Reading It’s Called A Workplace Safety Grievance, But What Is This Really About?

The start of the new school year. The arrival of students on campus. Moving away from home. It is easy to think it was 2019, but it is NOT.  In the midst of the COVID-19 pandemic, students were notified (through the Office of Student Conduct and Community Standards and University Housing, the OSCCS) prior to their arrival on campus this fall, that OSCCS would be enforcing social distancing and small group assembly (meaning less than 10 people together in
Continue Reading Emergency Suspensions on Campus are No Joke

The U.S. Department of Labor (DOL) on August 27, 2020, issued three new FAQs (98–100) pertaining to the Families First Coronavirus Relief Act (FFCRA) that clarify an employee’s eligibility for FFCRA leave to care for a child whose school or child care is closed, or child care provider is unavailable because of COVID-19, depends on the school’s approach to in-person and remote learning.

FAQ # 98 – Hybrid Learning

If a child’s school is operating on a hybrid model
Continue Reading Department of Labor Provides Clarification on FFCRA Child Care Leave

What Should a Student Do if They Receive a Notice of Investigation for Sexual Assault or Sexual Harassment on a College Campus?
They need to contact experienced counsel.  Title IX is not an easy process for anyone to navigate, particularly when it could affect their academic status.  New regulations issued in the spring of 2020 changed a student’s rights with respect to these investigations, including their right to a hearing and to cross-examine witnesses.  It is imperative that they
Continue Reading Changes to Title IX Take Effect August 14, 2020