CARTOON ANALYSIS #26

BY FRANCESCO DICOCCO EDU 210

MY THOUGHTS

▪ Very funny
▪ Ridiculous
▪ Sadly true
▪ Reminds me of FERPA
 COURT CASE

GONZAGA UNIVERSITY and ROBERTA S. LEAGUE,

PETITIONERS v. JOHN DOE (2002) –
A former Gonzaga University undergraduate student sued the university over damages
under 42 U.S.C. § 1983 to enforce FERPA provisions. John Doe had planned to graduate
and go on to become an elementary school teacher in the state of Washington.
Washington at the time required all of its new teachers to obtain an affidavit of good
moral character from a dean of their graduating college or university.
Roberta League, Gonzaga’s “teacher certification specialist,” overheard one student tell
another that John Doe engaged in acts of sexual misconduct against a woman only
identified as Jane Doe, a female undergraduate. An investigation was launched into the
allegations against John Doe.
 COURT CASE Cont.

 John Doe was not even aware of the investigation being conducted on him
until he was told by League and others that he would not receive the affidavit
required for certification as a Washington schoolteacher.
 John Doe sued the University and League in state law.
 Jury found for respondent John Doe, awarding him $1,150,000including
$150,000 in compensatory damages and $300,000 in punitive damages on the
FERPA claim.
 The Washington Court of Appeals reversed in relevant part, concluding that
FERPA does not create individual rights and thus cannot be enforced under
§1983.
 COURT CASE Cont.

 The Washington Supreme Court reversed that decision and ordered the FERPA
damages reinstated.
 The court acknowledged that “FERPA itself does not give rise to a private
cause of action,” but reasoned that FERPA’s nondisclosure provision “gives rise
to a federal right enforceable under section 1983.”
Section 1983 Litigation

“refers to lawsuits brought under Section 1983 (Civil action for

deprivation of rights) of Title 42 of the United States Code (42 U.S.C. §
1983). Section 1983 provides an individual the right to sue state
government employees and others acting "under color of state law"
for civil rights violations. Section 1983 does not provide civil rights; it is a
means to enforce civil rights that already exist.”
 ARTICLE CASE

Martin Odemena, a former student at the Massachusetts School of Law, is suing his
Contracts professor and the school itself after he received a “D.”
“According to the complaint, Odemena was a night law student during the 2010-2011
academic year when he took Devlin’s contracts class. The course syllabus said there
would be optional reviews and quiz sessions each Friday afternoon, some of which
Odemena did not attend.
At the end of the course, Odemena received a D grade, lower than he expected, the
compliant says. When he inquired about his low grade, Devlin said that the quizzes were
factored into the final grades. …
According to the complaint, Odemena protested his grade through [Professor Peter
Malaguti, who acts as the school’s general counsel], but an investigation concluded that
Devlin orally amended the written syllabus during the first class session to make clear that
the quizzes would count toward final grades. A fellow student found notes from the class
reflecting the change.”
FINAL THOUGHTS

 Students are solely responsible for the grades

they earn and the actions they commit. Shifting
the blame to others is morally irresponsible and
immature
SOURCES

 Rehnquist. “GONZAGA UNIV. V. DOE.” Legal Information Institute, Legal

Information Institute, 20 June 2002, www.law.cornell.edu/supct/html/01-
679.ZO.html.
 “Research Guides: Civil Rights in the United States: Section 1983 (42 U.S.C.
§ 1983 - Civil Action for Deprivation of Rights) & Bivens Actions.” Section
1983 (42 U.S.C. § 1983 - Civil Action for Deprivation of Rights) & Bivens
Actions - Civil Rights in the United States - Research Guides at University of
Minnesota Law Library,
libguides.law.umn.edu/c.php?g=125765&p=2893387.
 Zaretsky, Staci. “Law Student Sues Over Bad Grade That Destroyed His
Legal Career.” Above the Law, Above the Law, 24 June 2014,
abovethelaw.com/2014/06/law-student-sues-over-bad-grade-that-
destroyed-his-legal-career/?rf=1.