Jeremy Motz assisted the Livonia Public Schools in successfully negotiating the sale of a wireless communications perpetual easement agreement to American Tower Company for $900,000 for American Tower's use of a wireless communications (cell) tower at the School District's Stevenson High School site. Jeremy worked with the School District to facilitate its due diligence process, including analysis of competing offers, and securing a third-party appraisal to independently verify American Tower's offer was fair and reasonable. Jeremy's expertise was also instrumental in negotiating certain protections for the School District into the easement agreement, including limitations on American Tower's use of the tower and enabling the School District to continue to use the tower as part of its football field light system. The transaction is significant for the School District in light of its budget cuts and anticipated budget shortfall. Interim Superintendent Andrea Oquist said the money is nearly half of what the School District needs to help balance the $144.2 million general fund budget for the 2015-16 school year.
Title IX Compliance and Investigations
From conducting complex investigations, facilitating trainings, or offering guidance on compliance intricacies, Clark Hill’s roster of ATIXA nationally certified attorneys are uniquely positioned to address the particular needs of educational institutions. Clark Hill’s Education and Labor and Employment Practice Groups have combined over 100 years of expertise to form an inter-disciplinary team that offers a broad range of services to K-12 schools and colleges and universities as part of its Title IX practice, including:
- Thorough, objective, and timely investigations into allegations of Title IX violations
- Trainings for administrators, educators, and students
- Preparation and review of policies and procedures
- Standing consultations with in-house Title IX coordinators
- Clery Act and FERPA guidance
- Guidance for addressing LGBTQ student concerns
More than 40-years ago, Title IX was enacted to promote equity in educational settings. Title IX prohibits sex-based discrimination, including sexual violence, sexual harassment, and hostile environment based on sex. All schools receiving federal funds are required to comply with Title IX’s mandates.
Attorneys in Clark Hill's Education and Labor and Employment Practice Groups represent educational organizations in all aspects of education and labor and employment law. Our mission is to provide clients with practical, cost-effective, winning solutions to their education, labor, and employment issues. We deploy experienced legal talent with a strong emphasis on prompt and open communication with clients. We deliver optimal results through intelligent and effective management of litigation and non-litigation matters.
Clark Hill is partnering with Venture International LLC in providing comprehensive service as it relates to Title IX. The partners at Venture International bring over 75 years of higher education administrative and classroom experience in higher education including executive leadership in Academic and Student Affairs. Our work together will provide the value of experienced legal expertise, along with the expertise and understanding of the varied educational dynamics of academic and student affairs including student services.
Gohl v. Livonia Public Schools, et al. (E.D. Michigan)
After over two years of litigation and over 100 days of depositions, Clark Hill, along with their co-defense counsel, obtained a complete dismissal of all claims against all Defendants. In this case before United States District Judge Mark Goldsmith, the Plaintiff, on behalf of her minor son, alleged numerous federal and state causes of action arising from alleged misconduct by the minor’s teacher and paraprofessional, and the alleged failure on the part of the related services personnel, administration and the School District to report the alleged misconduct. Clark Hill represented the paraprofessional, who denied any misconduct. In a 40-page opinion, Judge Goldsmith thoroughly analyzed the law related to the federal claims and applied that law to the factual record presented through, among other things, dozens of transcripts, the reports of Plaintiff’s purported experts, and the Plaintiff’s developmental record at the school. In dismissing the federal claims with prejudice, Judge Goldsmith agreed with all of the legal arguments presented by Clark Hill and its co-defense counsel. Having determined that the Plaintiff’s federal claims lack merit, the Court found that the case no longer retained a federal character and, therefore, dismissed the state law claims without prejudice. The defense team stands prepared to defend against the state law claims, should the Plaintiff choose to refile in state court.