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Leander A. Dolphin

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Leander A. Dolphin is Co-Managing Partner of the firm.

Leander represents public school districts, independent schools, and colleges and universities in education and employment matters, including student discipline, special education disputes, disability-related matters, employee discipline and discharge, and investigations. In addition, she represents clients in claims before the Commission on Human Rights and Opportunities and the Office of Civil Rights. Leander has conducted numerous professional development workshops for private and public sector clients on topics such as sexual harassment, bullying, special education, disability discrimination, and confidentiality issues.

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Taking Notes in ClassIn a decision sending waves through the tertiary education community and beyond, the U.S. Supreme Court upheld—by a four to three vote—the University of Texas’ (the University) race-conscious admissions program as lawful under the Equal Protection Clause.  In Fisher v. University of Texas at Austin, a student rejected under the University’s admissions policy challenged the constitutionality the policy claiming it treated people unequally on the account of race.  At the time, the admissions policy aimed to create a more diverse student body by offering applicants graduating within the top decile of their class admission.  Under the admissions policy, the remaining seats of the class are filled by applicants who are reviewed holistically using various factors, including race. In upholding the admissions policy, the Court found that the University’s admissions process withstood the most stringent judicial review—strict scrutiny.  To satisfy this level of review, the University demonstrated that it had a compelling interest which was narrowly tailored and the use of race was necessary to accomplish that interest.  In arriving at its conclusion, the Court evaluated and rejected four arguments challenging the University’s satisfaction of strict scrutiny.
Continue Reading U.S. Supreme Court Upholds Race-Conscious Admissions Program

chalkboardlaptoppearThere is immense value in maintaining a website for your educational agency. Indeed, websites and web-based applications are intended to provide efficient and accessible information…
Continue Reading How Accessible is Your Website? OCR Prioritizing Equal Access for Educational Institutions’ Websites and Web-Based Applications

In a ruling sure to reverberate on college campuses across the nation, a California appeals court unanimously reversed the trial court’s ruling in Doe v. Univ. of Southern California.  In Doe, a student (“Doe”) sued the University of Southern California (USC), claiming that its hearing procedures were inadequate and the record was insufficient to support the imposed disciplinary action.  The trial court found that USC’s procedure for investigation and discipline of Doe was fair.  The appeals court disagreed.

In brief, the court held that USC failed to provide the accused sufficient notice of the charges; did not afford the accused a fair hearing; and relied on insufficient evidence to support its findings of code violations.   The original incident at USC involved a female student who alleged that she was sexually assaulted by a group of men at a fraternity party.  USC’s office of Student Judicial Affairs and Community Standards (SJACS) investigated the complaint, and found that Doe violated nine sections of the student conduct code, including the section prohibiting sexual assault.  Doe appealed the findings to USC’s appeals panel, which found insufficient evidence of sexual assault, but that Doe had violated two sections of the student conduct code.  Doe received a suspension and other discipline as a result of the violations.  Thereafter, Doe challenged the appeals panel’s decision in court.Continue Reading California Appellate Court Finds College Student Accused of Sexual Assault Was Denied Due Process

dolphinslblogfayslblogchudwickslblogBruce Chudwick, Julie Fay and Leander Dolphin, together with Douglas Lyons of the Connecticut Association of Independent Schools, will present the one-hour workshop topic, “Admissions,…
Continue Reading Bruce Chudwick, Julie Fay and Leander Dolphin to Speak at 2016 NAIS Annual Conference

dolphinslblogLeander Dolphin and Gwen Zittoun will present the section “Due Process Procedures” during a seminar hosted by the National Business Institute (NBI) on May 18th (New Haven Session) and May 19th (Hartford Session). The seminar titled Special Education Law Made Simple, focuses on school requirements and procedures under the IDEA and Section 504. Highlights of the program include:

  • Review public and private school responsibilities under the IDEA, Section 504, ADA and other laws that protect the rights of students with disabilities.
  • Stay up to date on court decisions and hearing results that affect special education requirements.
  • Recognize the current requirements of Free and Appropriate Public Education (FAPE) and Least Restrictive Environment (LRE) in placement decisions.
  • Avoid the most common mistakes in IEP development.
  • Understand school liability for bullying problems, personnel reactions to student placement and discipline methods.
  • Explore the Response to Intervention model versus the traditional Discrepancy model in determining a student’s eligibility for special education services.
  • Ensure school tests, reports and measurements meet the IDEA’s evaluation requirements.
  • Walk through due process procedures – with tips on what to do prior to, at and after the hearing.
  • Prevent school personnel actions that could land a school in hot water.

Continue Reading Leander Dolphin and Gwen Zittoun to Speak at NBI Seminar, Special Education Laws Made Simple