John Oirya v. Brigham Young University
AdministrativeLaw ERISA DueProcess Immigration
Should federal courts review school disciplinary decisions for substantial evidence of guilt?
QUESTIONS PRESENTED : Pursuant to S. Ct. R. 10(c), this case presents the ; following important questions of federal law and public interest that implicate millions of students and employees at practically all of America’s thousands of public and private schools: ; 1. Should this Court amend its holding in Goss vu. Lopez, 419 U.S. 565, 579 (1975), and require federal courts to review the disciplinary decision of a school for the existence of substantial evidence of : guilt against the accused party? 2. Should this Court amend its holdings in Wood v. Strickland, 420 U.S. 308, 326 (1975) and Davis v. ; Monroe County Bd. of Educ., 526 U.S. 629, 648 (1999), and grant federal courts the mandate to set aside a : school’s disciplinary decision that is found to be arbitrary, capricious, an abuse of discretion, contrary to law and/or unsupported by substantial evidence of guilt against the accused [ ii LIST OF PROCEEDINGS : United States Court of Appeals for the Tenth Circuit No. 20-4052 John Oirya (“Oirya”), v. Brigham Young University (“BYU”), Defendant-Appellee Date of Final Order: May 12, 2021 Date of Rehearing Denial: June 8, 2021 ; United States District Court for the District of Utah ! Granting Defendant Brigham Young University Summary Judgment ; Case No. 2:16-cv-01121-BSJ John Oirya, Plaintiff, v. | Brigham Young University, Defendant Date of Final Order: | 9, 2020 ! { ! ; | { I |