No. 21-656

John Oirya v. Brigham Young University

Lower Court: Tenth Circuit
Docketed: 2021-11-08
Status: Denied
Type: Paid
Tags: 10th-circuit administrative-discretion due-process gender-bias judicial-review school-discipline student-rights substantial-evidence summary-judgment title-ix
Key Terms:
AdministrativeLaw ERISA DueProcess Immigration
Latest Conference: 2022-01-07
Question Presented (AI Summary)

Should federal courts review school disciplinary decisions for substantial evidence of guilt?

Question Presented (from Petition)

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 |

Docket Entries

2022-01-10
Petition DENIED.
2021-12-22
DISTRIBUTED for Conference of 1/7/2022.
2021-11-02
Petition for a writ of certiorari filed. (Response due December 8, 2021)

Attorneys

John Oirya
John Oirya — Petitioner
John Oirya — Petitioner