‘It’s an absolute and utter disgrace’ – Student denied place in veterinary medicine at UCD over Leaving Cert mark error

Posted in Fees, access and admissions, Legal issues on September 25th, 2018 by steve

Ireland“An 18-year-old student whose Leaving Cert marks were wrongly totted up by an examiner says the error which has denied her a place in veterinary medicine at UCD is an ‘absolute and utter disgrace’ …” (more)

[Aodhan O Faolain and Ray Managh, Independent, 25 September]

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Court told Leaving Cert error correction delay ‘unfair’

Posted in Fees, access and admissions, Legal issues on September 25th, 2018 by steve

Ireland“Lawyers for an 18-year-old student, who claims she was denied a place in UCD to study veterinary medicine due to an error totting up marks in one of her Leaving Certificate papers, have told the High Court the decision not to rectify the issue immediately is irrational and unfair …” (more)

[Orla O’Donnell, RTÉ News, 25 September]

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DCU student challenging exclusion for ‘inappropriate behaviour’ will cite ‘cultural differences’

Posted in Legal issues on May 14th, 2018 by steve

“A Dublin City University student has been given leave by the High Court to challenge a decision by college authorities to exclude him from his course over inappropriate behaviour, but what he says could be explained by ‘cultural differences’ …” (more)

[Ann O’Loughlin, BreakingNews.ie, 14 May]

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Greater clarity given on students’ rights to judicial review

Posted in Legal issues on February 22nd, 2017 by steve

“The legal relationship between students and universities is complex. Students are – to some extent – consumers, with consumer rights that can be enforced in courts. They also have access to a form of ombudsman scheme, the Office of the Independent Adjudicator, which was set up to address some of the deficiencies in the historic system of University Visitors …” (more)

[Philip Plowden, Wonkhe, 22 February]

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The limits of judicial deference to academic judgment

Posted in Legal issues on June 28th, 2016 by steve

Ireland“In my first post yesterday, I took certain comments of Kennedy J in the recent US Supreme Court decision in Fisher v University of Texas  US  (23 June 2016) as the context for an analysis of the nature of judicial deference to academic judgment. In this post, I want to look at the limits to such deference. Once those limits have been reached, substantive claims are entertained, even if they often fail (see M Davies ‘Challenges to “academic immunity” – the beginning of a new era?” (2004) 16 Education and the Law 75) …” (more)

[Eoin O’Dell, Cearta, 28 June]

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The nature of judicial deference to academic judgment

Posted in Legal issues on June 27th, 2016 by steve

Ireland“The US Supreme Court, though depleted at present to eight Justices after the death of Antonin Scalia, can still muster majorities in controversial cases. One of the most controversial issues regularly before the Court (up there with abortion and guns) is affirmative action, especially in college admissions …” (more)

[Eoin O’Dell, Cearta, 27 June]

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Judicial review and the exclusive jurisdiction of University Visitors

Posted in Legal issues on June 9th, 2015 by steve

Ireland“Institutions such as cathedrals and colleges are often overseen by Visitors. The recent decision of Horner J in In re CS [2015] NIQB 36 (30 April 2015) has reaffirmed many basic principles relating to the jurisdiction of University Visitors …” (more)

[Eoin O’Dell, Cearta, 9 June]

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Fassi v. Dublin City University [2015] IEHC 38

Posted in Legal issues on February 5th, 2015 by steve

Ireland“The applicant was a PhD student at the respondent University during the academic year 2012/2013. In May 2013, his academic supervisors issued a report deeming him unsuitable to continue his studies as a result of poor academic performance and he was thus unable to progress further. He appealed this decision to the Graduate Research Studies Board (‘the Board’) which rejected his appeal on the 17th October, 2013. He brings the within judicial review proceedings seeking orders of certiorari quashing both the decision in May and that in October 2013 …” (more)

[HT: Darius Whelan]
[High Court, 29 January]

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Language schools succeed in legal challenge to new regulations

Posted in Governance and administration on January 13th, 2015 by steve

Ireland“Two English language schools catering for non-EU students have succeeded in their legal challenge against new Government accreditation requirements …” (more)

[Aodhan O’Faolain, Irish Times, 13 January]

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Meanwhile, In The High Court

Posted in Legal issues on January 13th, 2015 by steve

Ireland“‘High Court has declared new Dept of Justice regulations for language schools illegal. Rules would have forced closure of many schools.’ Two English language schools in Dublin, Academic Bridge and the National Employee Development Training Centre, had taken proceedings against the Department of Justice in the High Court …” (more)

[Broadsheet.ie, 13 January]

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Student thrown out of QUB over criminal conviction wins High Court permission to challenge decision

Posted in Legal issues on November 19th, 2014 by steve

UK“A student thrown out of Queen’s University in Belfast over a criminal conviction has won High Court permission to challenge the sanction. His lawyers were granted leave to seek a judicial review of the decision to exclude him for a set period of time …” (more)

[Alan Erwin, Belfast Telegraph, 19 November]

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Allegation of breach of examination rules – right to fair procedures

Posted in Legal issues on August 31st, 2013 by steve

Ireland“The applicant in this case is in her third and final year as a student at the Athlone Institute of Technology. She attended the premises of the respondent on the 13th December, 2012, to sit her third year exam in Financial Management on the 13th December, 2012. The examination was scheduled to take place at 9.30 …” (more)

Dunne J, Zhang v. Athlone Institute of Technology [2013] IEHC 390

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Students seek to stop course cancellation

Posted in Legal issues on August 15th, 2013 by steve

“Two third-level students have brought a High Court challenge against the decision to cancel the country’s first undergraduate audiology course …” (more)

[Aodhan O’Faolain and Ray Managh, Independent, 15 August]

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Students take fight for degree course to the High Court

Posted in Legal issues on August 14th, 2013 by steve

“Two second year college students have gone to the High Court to fight the closure of their degree course at the Athlone Institute of Technology …” (more)

[BreakingNews.ie, 14 August]

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Update on London Metropolitan

Posted in Fees, access and admissions, Legal issues on September 24th, 2012 by steve

“I wasn’t in the Royal Courts of Justice on Friday for the preliminary hearing into London Metropolitan’s request for a judicial review into UK Border Agency’s decision to revoke London Met’s licence to act as visa sponsors for non-EU students …” (more)

[Critical Education, 24 September]

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USI to appeal grants decision to Supreme Court

Posted in Fees, access and admissions, Legal issues on May 29th, 2012 by steve

“… The appeal is democratically pointless because it seeks to effectively undermine government’s right to enforce cost-cutting measures at Budget-time – an important right when times are good, but a vital one when things are not …” (more)

[Scribbles by Dan, 29 May]

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Ruling on grants to be appealed

Posted in Fees, access and admissions, Legal issues on May 29th, 2012 by steve

“Two students are to appeal cuts in third-level grants to the Supreme Court. They are being supported by the Union of Students in Ireland. This follows an unsuccessful attempt in the High Court to secure orders quashing the decision by Minister for Education Ruairí Quinn to introduce the cuts …” (more)

[Irish Times, 29 May]

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Students to take appeal against grant reforms to the Supreme Court

Posted in Legal issues on May 28th, 2012 by steve

“The Minister for Education and the Chief State Solicitor’s Office have been served with notice of a Supreme Court appeal against the dismissal of a judicial review sought by three students against reform of the grants system …” (more)

[TheJournal.ie, 28 May]

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Tuition fees increases to be challenged in court

Posted in Fees, access and admissions, Legal issues on June 25th, 2011 by steve

“Two sixth formers have been granted permission to challenge the lawfulness of the government’s decision to let universities triple tuition fees. A high court judge ruled that their case should receive a judicial review, which is expected to take place in October …” (more)

[Jeevan Vasagar, Guardian, 24 June]

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The Right to Education: Andrew Croskery’s challenge to his degree classification by Queen’s University, Belfast

Posted in Legal issues on January 13th, 2011 by steve

“In recent months the ‘right to education’ has been bandied round in the context of the debate on funding of higher education in the United Kingdom. In reality the European Convention on Human Rights (ECHR), as incorporated into the UK’s law by the Human Rights Act 1998, provides a somewhat threadbare right of access to educational institutions …” (more)

[Colin Murray, Human Rights in Ireland, 13 January]

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