No. 20-1083

Thomas Rossley, Jr. v. Drake University, et al.

Lower Court: Eighth Circuit
Docketed: 2021-02-08
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-rights college disability-discrimination disciplinary-proceedings due-process reasonable-accommodations title-ix university university-disciplinary-proceedings
Latest Conference: 2021-03-19
Question Presented (from Petition)

1. Does the conflict in fact among the Circuits involving, on the one hand, Doe v. Purdue , 928 F.3d 652 (7th Cir. 2019) (Barrett, J.), Doe v. University of Sciences , 961 F.3d 203 (3d Cir. 2020), Doe v. Oberlin , 963 F.3d 580 (6th Cir. 2020), Doe v. Univ. of Arkansas–Fayetteville, 974 F.3d 858 (8th Cir. 2020), and Schwake v. Arizona Bd. of Regents , 967 F.3d 949 (9th Cir. 2020), and, on the other hand, Doe v. University of Denver , 952 F.3d 1182 (10th Cir. 2020). and Rossley Jr. v. Drake , 979 F.3d 1184 (8th Cir. 2020), regarding the cause of action for Title IX discrimination in college and university disciplinary decisions present important federal questions of law that the U.S. Supreme Court should consider?

2. Does the dismissal on summary judgment of a disability discrimination claim involving failure to provide reasonable accommodations under the Americans with Disabilities Act ("ADA"), 42 U.S.C. § 12182(a), brought by a plaintiff university student with disabilities, present important federal questions of law the U.S. Supreme Court should consider when the dismissal is on the ground that the disabled student failed to request accommodations in a university disciplinary proceeding when: (a) the university was on constructive notice of the disabilities due to the provision of accommodations in the academic context, (b) the university has no formal mechanism for requesting accommodations in the disciplinary context, and (c) the student's father, who was also a Trustee at the university and who had submitted FERPA papers to the university, made a request to the university's Dean who headed the university's Office of Disability Services that the student be accommodated in an upcoming disciplinary hearing?

Question Presented (AI Summary)

Does the conflict in fact among the Circuits involving Title IX discrimination in college and university disciplinary decisions present important federal questions of law that the U.S. Supreme Court should consider?

Docket Entries

2021-03-22
Petition DENIED.
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-02-23
Waiver of right of respondent Drake University; Drake University Board of Trustees to respond filed.
2021-02-03
Petition for a writ of certiorari filed. (Response due March 10, 2021)

Attorneys

Drake University; Drake University Board of Trustees
Debra Lynne HulettNyemaster Goode, P.C., Respondent
Tom Rossley
Philip A. BylerNesenoff & Miltenberg, LLP, Petitioner