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Student’s Off-Campus Conduct Protected by the First Amendment

In the case of Mahanoy Area School District v. B.L., a minor, by and through her father, Levy, et al., Supreme Court Slip Opinion No 20-255, the United States Supreme Court held that off-campus student speech is protected by the First Amendment when it does not cause a substantial disruption at school. Here, a student […]

School Board May Not Authorize Employees to Carry Deadly Weapon

In the case of Gabbard v. Madison Local School Dist Bd. Of Edn., Slip Opinion No. 2021-Ohio-2067, the Ohio Supreme Court held that a school board authorizing school district employees to carry a deadly weapon does not comply with Ohio law. Here, parents of students enrolled in the school district argued that the adopted resolution […]

Employee Dismissal Proper and Not Against Public Policy

In the case of Trimbach v Bath Twp., 2021-Ohio-2058, the Second District Court of Appeals held that an employee did not demonstrate an adequate factual basis to bring a wrongful discharge as violation of public policy claim. Here, the employee argued that his dismissal qualified as an exception to Ohio’s at-will employment doctrine because it […]

Recording Protected as an Exercise of an Officer’s Union Role

In the case of Montgomery Cty.. Bd. of Trustees v. Fraternal Order of Police, Ohio Labor Council, Inc., Slip Opinion No. 2021-Ohio-2052, the Second District Court of Appeals held that the arbitration decision ordering the reinstatement of a police officer was valid. Here, a police officer filed a grievance after being terminated for violating department […]

Title IX Protects Against Discrimination on the Basis of Sexual Orientation and Gender Identity

The United States Department of Education (“Department of Education”) issued a Notice of Interpretation to provide guidance on its enforcement authority when processing complaints and conducting investigations regarding claims of discrimination. Title IX protections that prohibit discrimination on the basis of sex encompass discrimination on the basis of sexual orientation and gender identity, as well. […]