Analysis Of The Article ' Jasmin Hernandez '

Facts: Gawley was a police officer who worked for Indiana University for several years. She sued the college because she noted sexual harassment by a higher-ranking officer than she was. She also sued because she felt she was part of a hostile work environment and that officers in her department retaliated against her for filing a complaint with the college. Her final argument was that there was spoliation of evidence. The district court found in favor of the employer. The case did not go to trial because the district court granted summary judgment. Summary judgment is used to avoid trials. The decision was made based on two key decisions made by the Supreme Court in other cases and that the university was able to establish an affirmative defense. The university “may assert an affirmative defense that examines the reasonableness of the employer’s and the target’s conduct” (Kaplin & Lee, 2014, p. 167). Gawley then appealed to the United State Court of Appeals, Seventh Circuit. This case brief will outline the question, holding, reasoning, and significance of this case as it was decided by the United States Court of Appeals, Seventh Circuit.

In our case, the plaintiff wouldn’t be granted compensation for the intentional infliction of emotional distress because he didn’t prove that the behavior of the defendant caused him severe emotional distress.

Perhaps the most unsettling thing about Bell v. Itawamba County School Board, regardless of the final decision in favor of Bell, is the shockingly little attention the courts gave to the allegations made in the song. However, it is fairly reasonable that the court did not address the misconduct, as it was not the action in question. Perhaps a more unsettling aspect of this case is the lack of school response to the allegations made about the coaches. Bell’s reasons for writing the song, as expressed in his testimony, were the complaints he had heard from female students at the school that they had been sexually harassed by the two coaches. Bell claimed that the reason he wrote a song rather than presenting this problem to administration was

In Janie Jones article she describes very thoroughly the girl scout murder that occurred the summer of 1977. Jones is an experienced journalist for the Ay Magazine. Her article is broken up into three different parts, the first part describes the three girls who were murdered along with a summary of the night before the incident and the night of. The night of the murder a camp counselor, and two other girl scouts reported hearing noises during the direction of the three girl’s camps but nothing was done. The next morning a camp worker found the three girls dead in their sleeping bags battered and sexually assaulted. Towards the end of part one Jones goes into detail about the crime scene. This can be used to identify facts and witnesses of

Plaintiff further asserts that the Defendant breached its duty of care to her by: (1) “failing to fix a hazardous condition within a reasonable time;” (2) “failing to adequately warn plaintiff of a hazardous condition;” and (3) “otherwise failing to exercise reasonable and due care under the circumstances.” The Plaintiff is seeking compensatory damages in the amount of two hundred thousand dollars, plus interest and costs.

The alleged facts that gave rise to the plaintiff’s case was that during the University of Virginia’s (UVA) Men Swim team introduction or ‘welcome week’, the plaintiff along with other freshmen UVA swimmers were subjected to hazing that included acts such as, physical and mental abuse, force of obsessive alcoholic beverage intake, false imprisonment, and threats of sodomy against the freshmen swimmers. According to the plaintiff, if the underclassmen did not comply with any of the requests or duties that the upperclassmen told the underclassmen swimmers to complete, they were forced into dangerous and life threatening acts. However, when the head coach was informed about the heinous acts being performed by the upperclassmen, the coach simply informed the plaintiff that he could practice separately from the team. Unfortunately, the coach informed the plaintiff practicing during a different time from the rest of the team would not guarantee protection from any future attacks. These acts against the plaintiff from the upperclassmen of swimmers on

12. The Defendants’ showed bad faith, breaking the said agreement and wanting the Plaintiff to lift heavy Household items with unreasonable safety conditions, unsafe environment, and gross negligence and not providing reasonable and adequate equipment and people for the said move. Especially for someone that is already disabled under federal and state laws, grossly injuring, exploiting and tricking the already Disabled Plaintiff and knowingly disregarding all reasonable safety practices

Tevin Elliot, between the years 2009 and 2012 had raped and/or assaulted five female students at Baylor University. Severe as this is, it is frightening that Baylor “failed to support” the women who Elliot had claimed as his victims. Baylor failed to “investigate, or adequately investigate, allegations of sexual violence” and to show support for the women who reached out for assistance (Lavigne). As a case in point Baylor failed to take any action with Elliot even though he was convicted of sexual assault and is serving 20 years in prison

The tort of intentional infliction of emotional distress may be negligently, intentionally or recklessly caused. The tort ordinarily includes four elements: 1) the defendant must act intentionally or recklessly; in some jurisdictions, where negligent infliction of emotional distress is recognized the defendant may also act negligently; 2) the defendant's conduct must be extreme and outrageous; and 3) the defendant's conduct must be the cause; 4) of severe mental distress. Jurisdictions vary as to what which form of infliction of mental distress they recognize.

Sexual assault occurs on every college campus. Surveys from campuses across the nation could be used to try and challenge this claim, because within them, many universities reported of having zero cases of sexual assault; however, most schools can claim this small number only because they hide any reports of sexual assault. Why is it that an institution would hide an act that harmed one of its own students? A huge reason is that the perpetrator of the crime is mostly always one of the school’s own students as well. Being known as a school that admits and educates rapists will ruin a school’s reputation, and reputation is the primary aspect that a school prides itself on.

Baylor University is currently facing three separate Title IX lawsuits, all stemming from the university’s alleged inaction and mishandling of sexual assault reports (Perez, 2016). One lawsuit was filed by one individual, while the second lawsuit was filed by three individuals, and the third was filed by one individual. The five individuals filing the lawsuits are female identifying students and former students at Baylor University. All five individuals felt as

In response to charges that schools have poorly supported women who have complained of sexual assault, in 2011 Office for Civil Rights

In this article that sexual assaults between students are not only happening on college campuses but greatly moving into middle and high schools. In this story, we hear about a 13-year-old girl who was raped by a classmate. The boy videotaped himself penetrating the girls mouth and anus. She did not know that he had filmed it and to her surprise was later all over social media. She said this was not consensual sex. After everyone knew about the incident they all blamed her asking her why she didn't fight back or get away. She did not know what to do at the moment because she was scared. When she finally reported her rape to the school they denied her the right to the Title IX law in which every school who is funded must inform students and

Undergraduate claimed a violation of confidentiality rights. Some undergraduates claim the John Doe had rape other student, but plaintiff was not convicted. I think, student was not convicted of the rape so it should not be in the record and obviously, should not be discussed with others. The plaintiff sue university for defamation, because school officials

The plaintiff, Brian Seamons and his family brought suit against the defendant Coach Snow claiming violations of his rights under Title IX and violations of his constitutional rights to procedural due process, substantive due process, freedom from association, freedom of speech, and equal protection. The district court granted the defendant’s motion to dismiss all of Seamons claims. Seamons appealed to the court and the court affirmed the dismissal of all claims except his free speech claim. The defendants then moved for summary judgment and during that hearing