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 (from Petition)

1. Should this Court amend its holding in Goss v. 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 party?

Question Presented (AI Summary)

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

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