55 year-old Baylor law applicant files age bias claim

(Applications Advice, Letters of Recommendation . . . )

Does he have a point?

Absolutely!
5
16%
Yes, but only within limits
5
16%
Close, but no cigar
4
13%
Nope! Sour grapes from an entitled, spoiled, old brat
17
55%
 
Total votes: 31

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Thu Jul 26, 2012 11:46 pm

buckilaw wrote:I'm starting to think that you must not be a law student. When I say something isn't a protected class, I am in fact saying that age is not protected by the Equal Protection Clause of the 14th amendment.

Put down your E&E's. You might be hurting yourself.

EDIT: Nice ninja edit.


I get it. But you need to understand that there are arguments to be made that can put this into a court of law. It's kind of like applying consumer protection laws to the arena of fraudulent advertising - now being applied in the class action suits against the law schools. Although Cooley and NYLS both won their SJ decisions, there are several cases to go (and two appeals) and the claims have legs. Everyone thought I was really crazy when, in 2007, I suggested that the schools were committing fruad and that these cases would eventually occur. It turns out that I wasn't so crazy after all...

And you are correct; the 14th Amendment involves state actions. There must be a decent theory under which this guy is filing, but I don't think a judge will buy it at SJ.

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buckilaw
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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Thu Jul 26, 2012 11:47 pm

fatduck wrote:
PDaddy wrote:
buckilaw wrote:
PDaddy wrote:
I am suggesting that this is an unusual case. It isn't an employment case. But the Baylor adcom's perception of the applicant's employment prospects may have provided a discriminatory motive for BAYLOR to deny this applicant. This is about Baylor's motives, not the employers' practices.


How did you fare in legal practice/legal research and writing class? :roll:


I fared well enough to understand that discrimination cases are purely about "motive". I am also very well-versed in the standards of summary judgment, and there is an extremely high burden for dismissal, though many judges use SJ as a case-management tool that denies many deserving plaintiffs due process. And fwiw, I am only playing devil's advocate, here. I think his suit is frivolous. I am just presenting argument.

if you'd paid more attention in civ pro you'd know that this case will never see summary judgment


12(b)(6) ftw. They also might charge this boomer for murder, by way of causing the judge to choke to death from uncontrollable laughter. Then next cycle he'd sue Tulane for not letting him in.

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fatduck
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Re: 55 year-old Baylor law applicant files age bias claim

Postby fatduck » Thu Jul 26, 2012 11:48 pm

PDaddy wrote:
buckilaw wrote:I'm starting to think that you must not be a law student. When I say something isn't a protected class, I am in fact saying that age is not protected by the Equal Protection Clause of the 14th amendment.

Put down your E&E's. You might be hurting yourself.

EDIT: Nice ninja edit.


I get it. But you need to understand that there are arguments to be made that can put this into a court of law. It's kind of like applying consumer protection laws to the arena of fraudulent advertising - now being applied in the class action suits against the law schools. Although Cooley and NYLS both won their SJ decisions, there are several cases to go (and two appeals) and the claims have legs. Everyone thought I was really crazy when, in 2007, I suggested that the schools were committing fruad and that these cases would eventually occur. It turns out that I wasn't so crazy after all...

And you are correct; the 14th Amendment involves state actions. There must be a decent theory under which this guy is filing, but I don't think a judge will buy it at SJ.

suggesting that TTTTs mislead students with bullshit employment statistics? you are truly a modern day copernicus.

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sunynp
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Re: 55 year-old Baylor law applicant files age bias claim

Postby sunynp » Thu Jul 26, 2012 11:49 pm

Release confidential admissions data about students and you are ripe for being sued by those you reject.

http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624
Last edited by sunynp on Thu Jul 26, 2012 11:50 pm, edited 1 time in total.

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Thu Jul 26, 2012 11:49 pm

buckilaw wrote:
PDaddy wrote:
buckilaw wrote:
PDaddy wrote:
I am suggesting that this is an unusual case. It isn't an employment case. But the Baylor adcom's perception of the applicant's employment prospects may have provided a discriminatory motive for BAYLOR to deny this applicant. This is about Baylor's motives, not the employers' practices.


How did you fare in legal practice/legal research and writing class? :roll:


I fared well enough to understand that discrimination cases are purely about "motive". I am also very well-versed in the standards of summary judgment, and there is an extremely high burden for dismissal, though many judges use SJ as a case-management tool that denies many deserving plaintiffs due process. And fwiw, I am only playing devil's advocate, here. I think his suit is frivolous. I am just presenting argument.


PDaddy wrote:Well...you are wrong about that. If Baylor used any text referring to his age, it would create an issue of material fact as to the motives of the adcom, and the case could possibly survive summary judgment. Look at Reid v. Google, or other cases of that ilk. Very little evidence is needed. His problem is that the evidence he proffers so far can be rationally explained and present no genuine issues of material fact, even when construed in his favor at the summary judgment stage. But you are wrong about the "old man" comment. His attorney would love that, because it would likely lead to a settlement.


Your "devil's advocate" argument seems fairly unequivocal.


Not if his case survives SJ. I have repeatedly said that I don't think the case has any legs, but who knows what other evidence he will secure at discovery? What if he proffers to the court evidence that no applicants over a certain age threshhold have been admitted to Baylor over the past 30 years despite stellar credentials rivaling those of younger comparators? Are you telling me that his case wouldn't gain any traction?

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buckilaw
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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Thu Jul 26, 2012 11:52 pm

PDaddy wrote:
Not if his case survives SJ. I have repeatedly said that I don't think the case has any legs, but who knows what other evidence he will secure at discovery? What if he proffers to the court evidence that no applicants over a certain age threshhold have been admitted to Baylor over the past 30 years despite stellar credentials rivaling those of younger comparators? Are you telling me that his case wouldn't gain any traction?


That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.
Last edited by buckilaw on Thu Jul 26, 2012 11:53 pm, edited 1 time in total.

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Thu Jul 26, 2012 11:53 pm

fatduck wrote:
PDaddy wrote:
suggesting that TTTTs mislead students with bullshit employment statistics? you are truly a modern day copernicus.


Wait a minute...Lol. Copernicus? LMAO! What if the top schools are also doing it? You do know that these TTTT cases are only the precursors to nailing those schools, right? There are top-50 schools doing the same thing. Why attack them when you can go for the low-hanging fruit and change the behavior of most if not all of the schools in one stroke?

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buckilaw
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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Thu Jul 26, 2012 11:54 pm

I'm fairly sure that PDaddy is either a masterful troll or a moron. Have yet to make up my mind. Leaning towards troll.
Last edited by buckilaw on Thu Jul 26, 2012 11:55 pm, edited 1 time in total.

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BVest
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Re: 55 year-old Baylor law applicant files age bias claim

Postby BVest » Thu Jul 26, 2012 11:54 pm

PDaddy wrote:His point about grade inflation does seem to have legs and should be well-taken.


Probably better taken if included in an addendum or a PS rather than service of a lawsuit.

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sunynp
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Re: 55 year-old Baylor law applicant files age bias claim

Postby sunynp » Thu Jul 26, 2012 11:55 pm

Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:



According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624

Edit to add: Note also he mistakenly thinks that his class rank matters more than his actual GPA. Even though he has been applying for three years in a row, he still doesn't get admissions.
Last edited by sunynp on Fri Jul 27, 2012 12:00 am, edited 2 times in total.

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Thu Jul 26, 2012 11:57 pm

buckilaw wrote:
PDaddy wrote:
Not if his case survives SJ. I have repeatedly said that I don't think the case has any legs, but who knows what other evidence he will secure at discovery? What if he proffers to the court evidence that no applicants over a certain age threshhold have been admitted to Baylor over the past 30 years despite stellar credentials rivaling those of younger comparators? Are you telling me that his case wouldn't gain any traction?


That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.


And I am suggesting that a good attorney can find a theory and precedent in which to wrap the case. That's all it takes. Like you, I still believe the case is BS. That doesn't mean it won't gain some legs with the right evidence and a good theory that makes a judge do his homework. It happens every day. You say no theory exists that would allow this guy to carry forward a suit. I say you may be wrong.

I'm with you both, but we will all see.

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BVest
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Re: 55 year-old Baylor law applicant files age bias claim

Postby BVest » Thu Jul 26, 2012 11:58 pm

buckilaw wrote:
That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.



Nothing?

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Thu Jul 26, 2012 11:59 pm

sunynp wrote:Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:

According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624


He's also complaining that the denial of the scholarship was discriminatory.

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sunynp
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Re: 55 year-old Baylor law applicant files age bias claim

Postby sunynp » Fri Jul 27, 2012 12:02 am

PDaddy wrote:
sunynp wrote:Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:

According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624


He's also complaining that the denial of the scholarship was discriminatory.


There is no also, he can only complain about the scholarship. He has to tie it to admissions because it is only offered to people in the fall, probably because the people who set up the scholarship expected it to go to people who had just graduated. This case is just about the scholarship. The scholarship is what he cares about so he doesn't have to pay tuition.

He can't say they didn't admit him because of his age when they did,in fact, admit him.
Last edited by sunynp on Fri Jul 27, 2012 12:03 am, edited 1 time in total.

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Fri Jul 27, 2012 12:03 am

sunynp wrote:Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:



According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624

Note also he mistakenly thinks that his class rank matters more than his actual GPA. Even though he has been applying for three years in a row, he still doesn't get admissions.


It's funny to me that many of the people slamming this guy are probably anti-AA. It's nice to read the newfound takes on "holistic" admissions. The same arguments some people are now making actually support the admissions practices that allow URM's with facially lesser credentials to gain admission to top schools. In short, you are saying that "admissions is not all about numbers, nor should it be". Oh, the irony.

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Re: 55 year-old Baylor law applicant files age bias claim

Postby alwayssunnyinfl » Fri Jul 27, 2012 12:06 am

PDaddy wrote:It's funny to me that many of the people slamming this guy are probably anti-AA. It's nice to read the newfound takes on "holistic" admissions. The same arguments some people are now making actually support the admissions practices that allow URM's with facially lesser credentials to gain admission to top schools. In short, you are saying that "admissions is not all about numbers, nor should it be". Oh, the irony.

Fine, I'll slam this guy. I have nothing against AA and I'm a splitter and I still dig the idea of the holistic approach. This guy sounds like a douchebag, and boohoo he didn't get an opportunity to drop a bunch of money on a regional LS. I'll be sure to start a firestorm next time I get fired for being gay even though that's perfectly legal in Florida.

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sunynp
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Re: 55 year-old Baylor law applicant files age bias claim

Postby sunynp » Fri Jul 27, 2012 12:07 am

PDaddy wrote:
sunynp wrote:Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:



According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624

Note also he mistakenly thinks that his class rank matters more than his actual GPA. Even though he has been applying for three years in a row, he still doesn't get admissions.


It's funny to me that many of the people slamming this guy are probably anti-AA. It's nice to read the newfound takes on "holistic" admissions. The same arguments some people are now making actually support the admissions practices that allow URM's with facially lesser credentials to gain admission to top schools. In short, you are saying that "admissions is not all about numbers, nor should it be". Oh, the irony.


Well today is just not my day. First some boomer claims my parents didn't love me enough and now some TLS poster claims I don't support AA. Plus I lost my phone.

Dude, I have no idea how you got that idea from the paragraphs I quoted. My point was that he can't claim they didn't admit him, because they did admit him.

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buckilaw
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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Fri Jul 27, 2012 12:11 am

BVest wrote:
buckilaw wrote:
That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.



Nothing?


Shit. Think you have me there.

However:

110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age.

A recipient is permitted to take an action otherwise prohibited by 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.


This guy has worked for 30 some years as an accountant, does he really need financial aid? I mention financial aid because he was suing in regards to a scholarship that he thought he should have gotten.

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PDaddy
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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Fri Jul 27, 2012 12:12 am

sunynp wrote:
PDaddy wrote:
sunynp wrote:Wait - Baylor admitted him as a spring admit in 2012. He is on waitlist for fall 2012, but he did get admitted. How can he complain discrimination when he was actually admitted? From the article I posted above:

According to Kamps' complaint, he applied in October 2009 for Baylor's fall 2010 class and hoped to obtain a Joseph Milton Nance Presidential Scholarship — a merit award that covers full tuition for graduates of Texas A&M. Kamps was concerned that his 3.2 undergraduate GPA would seem low in the light of three decades of grade inflation, and provided evidence that his grades placed him in the top quarter of his graduating class. He scored a 169 on the LSAT, placing him in the 97th percentile of test takers.

"I was confident I would get in," he said. "I was solidly in the top quarter of my class with an LSAT score that would normally get you a seat."

Instead, Baylor placed Kamps on its waiting list and did not offer a seat in either the fall 2010 or fall 2011 class, according to the complaint. He rejected the offer of a seat in the spring 2012 class as less competitive than fall classes and because the Nance scholarship is only available to fall entrants


http://www.law.com/jsp/nlj/PubArticleNL ... 2564381624


He's also complaining that the denial of the scholarship was discriminatory.


There is no also, he can only complain about the scholarship. He has to tie it to admissions because it is only offered to people in the fall, probably because the people who set up the scholarship expected it to go to people who had just graduated. This case is just about the scholarship. The scholarship is what he cares about so he doesn't have to pay tuition.

He can't say they didn't admit him because of his age when they did,in fact, admit him.


They didn't admit him for a term in which he would be eligible for the scholarship. And the argument you make is a losing one. What if a swanky restaurant made all of the blacks and Mexicans eat in the backs of restaurants so that they couldn't be seen from the front - thus making the restaurant a more desirable place for whites to eat? Would the fact that they actually got seats and tables absolve the restaurant of discrimination? I don't think so.

Baylor refused to admit him for the fall term - while admitting to the fall term younger applicants with theoretically similar credentials - AND by extension ALSO denied him a scholarship. That's his argument. What does Baylor say to combat that?

I think the best argument is the one that has already been proffered: no prior theory or statute allows the suit to proceed. Let's see if it works.

I still think he will lose, but who knows?

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alwayssunnyinfl
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Re: 55 year-old Baylor law applicant files age bias claim

Postby alwayssunnyinfl » Fri Jul 27, 2012 12:14 am

Saying an older person who happened to get dinged in an admissions cycle with slightly superior numbers is equivalent to separate but equal is disgusting.

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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Fri Jul 27, 2012 12:15 am

buckilaw wrote:
BVest wrote:
buckilaw wrote:
That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.



Nothing?


Shit. Think you have me there.

However:

110.13 Exceptions to the rules against age discrimination: Reasonable factors other than age.

A recipient is permitted to take an action otherwise prohibited by 110.10 that is based on a factor other than age, even though that action may have a disproportionate effect on persons of different ages. An action may be based on a factor other than age only if the factor bears a direct and substantial relationship to the normal operation of the program or activity or to the achievement of a statutory objective.


This guy has worked for 30 some years as an accountant, does he really need financial aid? I mention financial aid because he was suing in regards to a scholarship that he thought he should have gotten.


BVest has a point: disparate impact theory, which I subtly raised several posts ago. It could have legs, especially in an economy in which many older workers are returning to school to gain new skills.
Last edited by PDaddy on Fri Jul 27, 2012 12:17 am, edited 1 time in total.

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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Fri Jul 27, 2012 12:17 am

BVest wrote:
buckilaw wrote:
That is precisely what I and Fatduck have been telling you. Age discrimination in regards to admissions to graduate programs do not violate the Constitution, and there is no statue to provide a cause of action for age discrimination.



Nothing?


And while a law, sadly, exists there is no mention of the plaintiff exhausting his admin remedies. So he be fucked anyway.

110.39 Exhaustion of administrative remedies.

(a) A complainant may file a civil action following the exhaustion of administrative remedies under the Act. Administrative remedies are exhausted if --

(1) One hundred eighty days have elapsed since the complainant filed the complaint with ED, and ED has made no finding with regard to the complaint; or

(2) ED issues any finding in favor of the recipient.

(b) If ED fails to make a finding within 180 days or issues a finding in favor of the recipient, ED promptly --

(1) Advises the complainant of this fact;

(2) Advises the complainant of his or her right to bring a civil action for injunctive relief; and

(3) Informs the complainant-

(i) That a civil action can be brought only in a United States district court for the district in which the recipient is found or transacts business;

(ii) That a complainant prevailing in a civil action has the right to be awarded the costs of the action, including reasonable attorney's fees, but that these costs must be demanded in the complaint filed with the court;

(iii) That before commencing the action, the complainant shall give 30 days notice by registered mail to the Secretary, the Secretary of Health and Human Services, the Attorney General of the United States, and the recipient;

(iv) That the notice shall state the alleged violation of the Act, the relief requested, the court in which the action will be brought, and whether or not attorney's fees are demanded in the event the complainant prevails; and

(v) That the complainant may not bring an action if the same alleged violation of the Act by the same recipient is the subject of a pending action in any court of the United States.

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Re: 55 year-old Baylor law applicant files age bias claim

Postby buckilaw » Fri Jul 27, 2012 12:18 am

alwayssunnyinfl wrote:Saying an older person who happened to get dinged in an admissions cycle with slightly superior numbers is equivalent to separate but equal is disgusting.


+1

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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Fri Jul 27, 2012 12:18 am

Wow! :lol:

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Re: 55 year-old Baylor law applicant files age bias claim

Postby PDaddy » Fri Jul 27, 2012 12:22 am

alwayssunnyinfl wrote:Saying an older person who happened to get dinged in an admissions cycle with slightly superior numbers is equivalent to separate but equal is disgusting.


Think about it? Is it really disgusting? Are older applicants desired at the top law schools? That question may yield a surprising answer if this case goes anywhere. You have to try on the ridiculous in order to understand the law. That's an ugly fact.

If there are statistics showing that older applicants with strong credentials are more often denied admission and scholarships than are younger comparators, you had best believe that a decent paralegal will find a theory AND a statute to wrap around the claim and make it go forward. If a pattern can be shown, disparate impact might exist. But disparate impact requires a significant number of older applicants, and I don't think that many law school applicants are older.
Last edited by PDaddy on Fri Jul 27, 2012 12:28 am, edited 1 time in total.




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