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JD, University of Southern California Gould School of Law
BA, University of Pennsylvania
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Plaintiff v. Private School (2020) – A high school senior was suspended for violating School policies regarding the posting of harassing messages on social media. The School has a policy that requires it to report suspensions to colleges to which a disciplined student has applied. The student’s enrollment agreement included an arbitration provision and the student’s parents sought to block the School from reporting the discipline to colleges by filing a request for emergency relief in arbitration. The family argued the student was denied due process, the student’s speech was constitutionally protected, and that irreparable harm would result if the School communicated with the colleges to which the student has applied. The arbitrator denied the family’s request for emergency relief based on the School’s argument that the student’s social media posts fell under the Education Code’s exclusion for speech that constitutes harassment, threats or intimidation, which is not constitutionally protected under the statute.