Category Archives: Life

What to Expect When Students Sue?

04/02/2021 R.C. Liley Leave a comment

People the world over have heard of the woman who sued McDonald’s when she spilled hot coffee and burned her legs. She won and went home with a $460,000 settlement. Other people laughed when they heard a judge in Washington, D.C. sued a dry cleaner for losing his pants. He requested $67 million in damages, lost the case, and ended up being suspended. He spent over 15 years litigating the case before that happened. Today, several students are choosing to sue their universities for a variety of reasons. What should a school expect when a student sues?

Notable Cases

The University of Winnipeg in Canada faced a lawsuit when a professor gave a student a B+ as opposed to an A. The B.C. The Ministry of Advanced Education ended up in court when a student sued after the university stopped payment on his student loan. He sued for $1.5 million when he dropped out of Dalhousie University and failed to let anyone know he had done so. People might assume the lawsuits are rare, but nothing remains further from the truth.

The University of British Columbia came out on top when a woman pursuing her master’s degree in English sued for religious discrimination. She requested $18 million only to have a Supreme Court of B.C. judge dismiss the case, saying there was no evidence to support her claim. The judge also awarded costs to the university. Students may wonder if they should pursue a claim with so many coming out on the losing end. Schools lose regardless of whether they win or lose the suit. It’s best to speak to an attorney at feldman.law to determine the best course of action when a school finds they are being sued.

Legitimate Claims

Many students sue their school and win. The problem lies in knowing which cases have merit and which are frivolous. Men and women who read the headlines need to dig deeper, as the newspaper cannot show the complexity of the case in a few words. Certain cases need to go to court, as when the student was a victim of discrimination or wrongdoing. This doesn’t consider intellectual property ownership cases that often end up being decided in the student’s favor. Nevertheless, schools often find they are being sued without a valid basis for the legal action.

Speaking to an attorney serves as the best option, as many schools choose to settle when a case has substance. Furthermore, a successful lawsuit often leads to changes in the school’s policies and procedures. This ensures the school doesn’t face similar challenges in the future. The reason it seems so many frivolous cases make it to court lies in the fact schools refuse to settle when they realize the student is trying to get money with no basis. These cases make it into the newspaper, where they draw a great deal of attention. Nevertheless, schools don’t find these cases amusing.

The Problem Behind These Lawsuits

Attorneys representing schools today rarely want to speak to the press, as they worry about being sued for slander, breaching the confidentiality of their clients, or encouraging others to file similar suits. The United States has a reputation for being a litigious society, and other nations continue to see an increase in lawsuits. People in those countries watch what happens in America and want to see if they get similar results.

Schools dread lawsuits, as do their attorneys. These legal cases take time and disrupt operations for the legal team and the academic staff. The school spends large amounts of money to fight the suit, which may take years before reaching a conclusion. This wastes resources. However, certain suits have merit and need to be heard in a court of law. For this reason, people must take every claim seriously until authorities finish an investigation. This ensures schools and courts address legitimate suits, as they bring to light necessary reforms.

A Place to Turn

Lawyers in Canada recognized this was a problem decades ago. They opted to come together as a group to share information. This group, known as CAUS, often looks to case law coming from the United States, as they recognize many trends start south of their border. What they have noticed over the years is some claims have merit, but the plaintiff requests an outrageous sum of money. This leads to the case being deemed frivolous when the facts call for legal action.

The problem lies in the costs associated with fighting a charge, even one that has no merit. A school has no choice but to fight the claim, even when doing so can take years before the matter is settled. The Maughan case serves as a good example of the damage that occurs when a frivolous lawsuit makes its way into the legal system.

The Maughan Case

In November of 2000, a student sent out an email to graduate students in the English department. This email joked about how he recalled with fondness a time when the stoning of Christians was acceptable. He followed this statement with a smiley emoticon, but not everyone took it as a joke. Cynthia Maughan, an Anglican Christian graduate student, became offended and shared her opinion with those who received the email.

Months later, the student held a meeting at his home for students in a graduate-level seminar. Ms. Maughan refused to attend, although she was in the class. She didn’t bring up religion in relation to her reason for not attending the meeting. Time passed and the professor gave Ms. Maughan unsatisfactory marks on some coursework. The bad marks, along with the e-mail and meeting, led her to conclude atheism was being encouraged and that the school denied her academic and religious freedom.

Ms. Maughan complained to the university. This complaint went through the internal appeal process to the Senate Appeal Committee and Ms. Maughan lost. Besides complaining to the university, she did the same under the Human Rights Code. Finally, Ms. Maughan took her case before the Supreme Court of British Columbia, naming the university and four English professors in the suit. Three of these professors did nothing more than write letters of support for Dr. Weir during the internal investigation.

UBC claimed the lawsuit was frivolous when it reached the Supreme Court in March 2003. Attorneys for the school argued it was without merit and offered to pay Ms. Maughan $1 to end the case. She rejected the offer, and it was another four years before the case ended. By then, Ms. Maughan was representing herself and even gave six weeks of personal testimony in 2007 in the courtroom.

The court ordered Ms. Maughan to pay legal costs, but the attorney for UBC states she will only end up paying approximately 60 percent of what the school spent defending itself. In the past, students wouldn’t question the judgment of a professor, and lawsuits were unheard of. Today, students contradict their instructors, but this serves as only one reason schools have seen an increase in legal suits.

Additional Factors Contributing to Lawsuits Against Schools

Students believe schools have large amounts of money, due in part to the rising cost of tuition. Furthermore, liberal values continue to be promoted, ones that emphasize individual rights and personal freedom. Men and women see these schools as soft targets and choose to sue. This doesn’t consider how students feel about their school records and how it will impact their future.

Students worry bad grades will prevent them from getting into their school of choice or their desired job. They have a sense of entitlement and blame others when they don’t get the grade they feel they desire, for example. This doesn’t mean a student should sit quietly when treated unfairly. Lawsuits have a role in society, as a lawsuit provides individuals with a place to turn when they receive unfair treatment. For this reason, each case needs to be examined independently. Additionally, schools need to put measures in place that allow students to be part of the decision-making process in school matters. Internal reviews and investigations provide students with a means to have their voices heard.

The reviews and investigations become of great help when there is a complaint, a dispute, or a student is disciplined. A clear and fair process helps to prevent lawsuits. Students may present their case, much as they would in a legal setting. Until every school has this type of system, however, students need to learn from Ms. Maughan’s case. She is looking at years to pay off the legal costs incurred by the school. This may be enough to deter other students from filing lawsuits that have no merit. When these cases stop, everyone wins.

Any school facing a lawsuit from a student needs to seek legal advice immediately. This ensures the rights of the educational institute remain protected at all times. Nobody wants to learn when a student is suing, as schools are there to help people grow and learn. Sadly, this does happen, and every school needs to be prepared. A good attorney handles these cases regularly and knows how best to proceed to get the matter resolved. Get help right away to allow the school to move past the suit and continue with its purpose of educating students for a better future.

Going Healthy, Going Strong, Health, Life, Parenting

8 Tried And Tested Fitness Rules For Busy Dads

03/31/2021 R.C. Liley Leave a comment

Life isn’t a piece of cake for busy dads who have lots of things to manage. You have to earn money to support the family, help your partner with your share of household responsibilities, and give time to your kids. It is easy to lose track of your fitness plan amid everything, but you must invest in one to stay in top shape. Moreover, you may not afford a self-care plan due to budget constraints.

Fortunately, you need not spend a lot of time and money on an expensive gym membership or fitness equipment to stay fit and healthy. Just the right mindset and a few lifestyle changes get you on the right track without massive efforts. Here are some tried and tested fitness rules for busy dads.

Focus on the right mindset

Surprisingly, your journey to holistic fitness starts with the right mindset. No matter how challenging life seems, a positive mindset can help you deal with the physical workload and mental stress. Start the day with meditation and deep breathing to purge the negative emotions and encourage focus and mindfulness. You will feel better through the entire day and handle all the tasks without feeling tired or anxious. Meditating before bedtime is a good idea as it helps you close the day on a positive note and set up for a restful night ahead.

Don’t skimp on exercise

Even the busiest dads should find time for exercise because it keeps you fit and active. Consider waking up an hour early if you cannot include physical activity in your current schedule. If you cannot spend on a gym membership, you can try other forms of exercise like running, cycling, or walking. Regular exercise prevents obesity and reduces the risk of a host of diseases. It curbs mental stress and makes you feel relaxed and happy. Apart from following a regular exercise plan, small measures like walking to the market and taking stairs instead of the lift can make you fitter.

Eat a balanced diet

When it comes to staying healthy, nothing matters more than eating a balanced diet. Everyone knows what healthy eating is all about and you can get some helpful information from the internet. Work on a diet plan with your partner or even seek a nutritionist’s advice if you need to. Prioritize fresh fruits and veggies, whole grains, low-fat dairy, nuts, and seeds, and steer clear of sugar, unhealthy fats, and processed foods. You can rely on natural supplements to make up for the dietary gaps. A little work on balancing your diet can make all the difference to your fitness levels despite your jam-packed lifestyle, so it is worth the effort.

Have a detox routine

While eating mindfully is a rule that every busy daddy must follow, you must also have a detox routine. It isn’t difficult to detox twice a month, provided that you understand what the process is all about. It cleanses your gut by eliminating the toxins from exposure to unhealthy foods, alcohol, and environmental pollutants. All you need to do is skip sugar and alcohol, and load on detox foods like leafy greens, berries, and probiotics. It makes you feel light and healthy and relieves a host of health issues like digestive ailments, aches and pains, anxiety, and fatigue. You feel rejuvenated and relaxed and ready to take the daddy duties with refreshed energy.

Go the extra mile with hydration

Drinking lots of water is another rule that everyone should follow, even more so if you are a busy dad. It keeps your energy levels high and removes toxins from your body every day. Water curbs cravings and help you maintain a healthy weight as well. Although staying hydrated doesn’t seem like a lot of work, it can go wrong just because you forget to drink enough water due to a tight schedule at home and work. Making conscious efforts to drink at least 8-10 glasses daily can help you address the hydration gaps. Carry your water bottle to work and keep sipping all through the day. Limit the intake of caffeine, colas, and alcohol, and stick to water.

Annual physical check-up

Visiting a doctor and having physical tests without any health issues doesn’t make sense. But it is something every busy dad must do once a year, even if you feel fit and healthy. Annual check-ups and exams cover things such as weight, cholesterol levels, and blood pressure. If something is amiss, your practitioner will have a diagnosis and treatment plan right away. Addressing health issues early can save you from a lot of trouble and ensure longevity.

Address any health issues

First and foremost, you will need to address any injuries that may be impacting your physical performance during exercise. However, this isn’t the only aspect of your physical wellness that needs attention. Finding a trusted dentist to combat your recurring toothache will make a huge difference. After all, it’s difficult to find the energy and motivation for physical activity when your mouth is in pain. Similarly, headaches and any other issues that leave you unable to exercise must be corrected ASAP. It won’t just encourage better fitness. It will improve your quality of life.

Prioritize good sleep

Good sleep is vital to be fit and healthy, but it is something that time-pressed people struggle with. Make sure that you get at least 7-8 hours of sleep every night. Not having adequate sleep makes you feel tired and increases stress levels. You may feel lethargic, and your concentration levels at work suffer. Getting proper sleep may mean cutting down your screen time and social outings on weekdays, but the effort is worthwhile. Reading a book, meditating, and having a cup of herbal tea at bedtime are other measures to address restlessness and insomnia.

Get connected

It is easy to lose touch with your loved ones when life becomes busy and mechanical. But getting connected keeps you happy and relaxed. Moreover, it can do wonders for your relationship with your partner, kids, parents, and friends. Spend time with your spouse and kids every evening and visit your parents every weekend. Plan vacations and weekend trips to have quality time together. Meeting your friends once a month takes you an extra mile with self-care.

Staying healthy and fit doesn’t need to be a massive effort, but it can definitely make you a better person and dad. You only have to be a bit more conscious about your physical and mental well-being, and you are good to go. Just follow these simple rules, and you can easily be a fitter and smarter father.

Health, Life, Lifestyle, Tips

Why Many Coping Mechanisms Backfire

03/26/2021 R.C. Liley Leave a comment

Psychologists describe coping mechanisms as strategies that everybody develops to manage high stress levels, trauma, or heightened emotional states. Without coping strategies, we wouldn’t be able to handle difficult situations and carry on with our day-to-day lives.

However, it is fair to say that coping mechanisms come in a variety of shapes. A young woman who wears her good luck necklace for a job interview is showing one type of emotional strategy to manage stress. The overworked employee who buys a doughnut and a cup of creamy cappuccino as a reward at the end of a tough day is another example of coping strategies. Perhaps you’ve seen teenagers go to the gym after an argument with their friends. This is also a coping approach. We all cope with stress in different ways. Even events that are positive, such as getting married or having a baby, can bring a lot of stress into your life. Without a strategy to manage your emotional well-being, you wouldn’t be able to interact with everything that happens in your day-to-day life.

But, while coping mechanisms serve a health purpose, they could also get out of control and damage your health. Here we want to take a look at some of the most popular coping mechanisms and why they could backfire if you are not cautious.

coping, stress, anxiety, mental health, tips, advice, lifestyle — Unsplash – CC0 License

The happy hour dilemma

There is something about having a drink from time to time that can play a hugely positive role in someone’s life. A social drink between friends, for instance, or with dinner, is perceived as a sophisticated and gourmet hobby. The truth is that while alcohol can be damaging to your body, even in small quantities, it also can have an anxiety-relieving impact. Ultimately, alcohol produces a sense of euphoria and reduces your inhibition. A drink can be enough to help sedate your central nervous system. That one drink can be all a person needs to temporarily forget about stress and be able to relax. It’s important to understand that alcohol doesn’t eliminate stress. But in a social situation when you’re meeting new people, for instance, a small quantity can be helpful to talk to others.

Unfortunately, a lot of people fall into the trap of believing that alcohol can be used to regulate anxiety disorders. It has an adverse effect. Once the alcohol wears off, your anxiety comes back. The belief one needs to drink to cope is the first step that contributes to unhealthy addiction. That’s precisely what makes an alcohol abuse intervention so delicate. It’s important to note that there are places like Overland Park ready and prepared to help those in need. Indeed, you need to first convince the substance user that they can cope without alcohol. Only then can they agree to the further rehab steps.

CBD and anxiety

Cannabidiol, or CBD for short, is recognized by the medical board as a pharmaceutical ingredient that can belong to a coping mechanism strategy for stress, pain, or emotional distress. Indeed, CBD is highly effective at breaking your body’s response to stress. Stress creates a hormonal response. The body releases stress hormones that travel through the bloodstream to the different organs. Cannabidiol receptors can alter the secretion and synthesis of your hormones. When it comes to stress, CBD acts as a braking system, encouraging the body to reduce the production of cortisol, the stress hormone. Therefore, CBD oil, drops, or even gummies offer a fantastic coping mechanism for anxiety. They are also a safe alternative to pharmaceutical medications.

Is CBD addictive? The answer is no. CBD does not have the same hallucinogenic properties as cannabis. Yet, individuals can develop a psychological addiction in the sense that they believe they would not be able to cope without it. It is important to keep your consumption under control so that you don’t trick the brain into responding to any type of stress with CBD. Try using a CBD dosage calculator to find out how much CBD oil you should take.

The sweet reward

We have a complex relationship with food. Indeed, food is fuel for the body, but also mental health. A healthy diet supports your emotional response to stress or trauma. However, it’s not uncommon to seek gratification through food, which could become a harmful behavior. We’ve all been in a situation where we thought to ourselves: I deserve something sweet. This could be because you’ve worked hard or because you need a pick-me-up after a tough meeting. There is a sugar rush sensation that occurs when you eat a treat. This temporarily reduces your perception of stress. But, the sugar rush doesn’t last. Emotional eating can increase your anxiety levels dramatically. If you convince yourself that you need a sweet treat to handle stress, you could develop an addictive behavior and create a vicious circle. Stress needs sugar which, in turn, creates additional stress.

Is sugar the only culprit when it comes to addictive coping mechanisms? No, it is one of the most popular fake friends. But processed carbs, alcohol, large quantities of caffeine, and sweeteners are also putting your mental health at risk. They do not resolve your issue, and the addiction can aggravate the problem in the long-term.

The surprising shopping addiction

According to studies, approximately 6% of the American population is believed to have some form of shopping addiction. A shopping addiction dramatically affects your financial health, your relationship, and your mental health. But impulsive or excessive shoppers respond to a stress stimulus. They utilize shopping as a coping mechanism, creating a “high” sensation that can mute their stress, anxiety, or depressive issues. This begs one important question: Can shopping be a true coping strategy?

The answer is yes. We all experience excitement and a mood boost when we buy something new. So, there’s a lot to be said about bringing a beautiful and exciting item into your life.

I don’t care what happens today. I am wearing a new tee.

As superficial as it sounds, shopping can work to some extent to release stress. However, when shopping becomes an everyday habit, the excitement drops. You need to buy more to experience the same high as before, which is where the addiction comes from.

Distractions are a coping trick

Playing video games is not only an effective coping mechanism but is also an enjoyable hobby. While the media often describe gaming as an addictive activity, it’s important to get to the bottom of this assumption. Playing games not only keeps the brain alert but also encourages the production of happiness hormones. Indeed, a game is rewarding, therefore the brain reacts to the gratification phenomenon. Additionally, it’s also a great way of taking your mind off things.

Yet, there is an addictive side to playing games. Indeed, video games offer an escape from everyday anxiety and stress. Someone who is emotionally vulnerable could prefer to spend more time playing than interacting with their peers. The addiction is emotional, but it can be a real risk.

Sport and stress relief

Doctors and fitness enthusiasts are the first to mention sports as a coping strategy. Physical activities drive the production of endorphins, which are the brain’s feel-good neurotransmitters. As a result, working out reduces stress levels and significantly improves your mood. Unlike other coping mechanisms, it is also identified as an essential element that’s part of a healthy lifestyle.

However, it’s important to mention that individuals can also develop sports addiction when they get hooked to the feel-good effect. Indeed, in excess, sports can lead to physical injuries and put your health at risk. The brain builds up a tolerance to the sports high, and therefore you’ll need more extreme workouts to feel the same benefits.

In conclusion, most coping strategies are effective in bringing a positive response to stress or anxiety. However, relying on a single strategy puts individuals at high risk of developing a dependent behavior. It is crucial to create multi-layered and varied coping mechanisms that combine different responses. The variety will reduce the danger of addiction and keep your mental health in check.