John Gaal

John Gaal

Bond Schoeneck & King PLLC

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Enough is Enough Becomes Law

As expected, New York Governor Andrew M. Cuomo signed the “Enough is Enough” legislation into law on July 7, 2015. As a result, the majority of the legislation’s provisions imposing obligations on colleges and universities...more

7/11/2015 - Colleges Educational Institutions Universities

A Review of New York’s Proposed Sexual Violence Legislation – Part 4: Climate Surveys, Training and Implementation

In this, our last, post on New York’s proposed sexual violence legislation, we focus briefly on three remaining aspects of the bill: climate surveys, training and implementation....more

3/31/2015 - Colleges Educational Institutions Gender-Based Violence Proposed Legislation Students Training Universities

Inside Higher Ed’s 2015 Survey of College & University Presidents

Inside Higher Ed has issued its 2015 Survey of institutional presidents and, as in years past, it makes for very interesting reading. The Survey is based on responses from 647 institutions, including 338 public institutions,...more

3/26/2015 - Annual Reports Colleges Universities

A Review of New York’s Proposed Sexual Violence Legislation – Part 3: Notice of Victim’s Rights

New York’s proposed legislation contains extensive provisions dealing with victims’ rights. Specifically, Section 6442 of the legislation requires adoption of a Victim and Survivor Bill of Rights that provides for the right...more

3/20/2015 - Colleges Crime Victims Proposed Legislation Sexual Assault Universities

A Review of New York’s Proposed Sexual Violence Legislation – Part I: Consent

As we noted in our last post, we will be taking a closer look at the specific provisions of New York’s proposed sexual violence legislation over the next week or so. With the Governor’s Office urging New York colleges and...more

3/4/2015 - Andrew Cuomo Colleges Consent Informed Consent Proposed Legislation Sexual Assault Universities

Sexual Violence Legislation Proposed for Colleges and Universities in New York

As many of you know, on Wednesday, February 25, New York’s Governor Cuomo announced his support for new legislation in New York related to sexual misconduct on college campuses. ...more

3/2/2015 - Andrew Cuomo Colleges Dating Violence New Legislation Sexual Assault Title IX Universities

Institutions of Higher Education Rank High in the FBI’s Study of Active Shooter Incidents

At the end of 2014, the FBI issued its Study of Active Shooter Incidents in the United States between 2000-2013 (“Study”). This first of its kind study found 160 active shooter incidents in the United States during this time...more

2/24/2015 - Colleges Crime Statistics Information Reports Universities Workplace Violence

Harvard and OCR Enter into a Resolution Agreement – More Guidance for the Rest of Us

In the closing weeks of 2014, OCR announced its findings with respect to Harvard Law School’s Title IX compliance, as well as a resolution agreement which subjects the Law School, and the University, to monitoring for at...more

1/8/2015 - Educational Institutions Employer Liability Issues Harvard Law School OCR Sexual Abuse Sexual Assault Sexual Harassment Students Title IX

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...more

12/23/2014 - Colleges Faculty First Amendment Jurisdiction Managers NLRB Religious Institutions Religious Schools RLUIPA Universities

Department of Justice Releases Report on Rape and Sexual Assault Victimization Among College-Age Women

Late last week, a Special Report on Rape and Sexual Assault Victimization Among College-Age Females (“Report”), for the period 1995-2013, was issued. The results are based on information taken from the U.S. Department of...more

12/19/2014 - Colleges Crime Statistics Crime Victims DOJ Sexual Assault Universities

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

11/6/2014 - Colleges Rape Sexual Assault Students Universities

What Concerns College and University Human Resources Officers?

A few weeks ago, Inside Higher Ed issued its 2014 Survey of College and University Human Resources Officers. Like Inside Higher Ed’s other surveys, this one provides very interesting reading. Among the topics covered...more

11/3/2014 - Colleges Employee Benefits Faculty Surveys Universities

Lab Safety – Yet Another Harsh Reminder

Institutions make great efforts to ensure that their research labs are safe for students and staff, because it is the right thing to. Even then, accidents can happen that puts those working in these labs in harm’s way. A...more

7/11/2014 - Hazardous Substances Safety Precautions

What Are College and University Presidents Thinking?

Inside Higher Education recently issued its 2014 Survey of College and University Presidents, conducted by Gallup, and it makes for some very interesting reading. The survey results are based on responses from 846 college...more

5/27/2014 - Colleges Data Collection Surveys Universities

Confidentiality and Title IX

In OCR’s April 2011 Dear Colleague Letter, OCR referenced a covered institution’s obligations in the face of knowledge of sexual harassment/misconduct and a victim’s request for confidentiality and/or that the institution not...more

5/20/2014 - Compliance Confidential Information OCR Sexual Harassment Title IX

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

5/13/2014 - Brown University Colleges Employee Definition NLRB Northwestern University Students UAW Union Membership Universities

Responsible Employees and Title IX

Under Title IX, the concept of “responsible employee” has a great deal of significance, as recently reaffirmed by OCR in its Questions and Answers on Title IX and Sexual Violence (Q&A), and previously reported in this blog....more

5/13/2014 - FLSA OCR Sexual Assault Sexual Harassment Students Title IX

U.S. Department of Education Reaffirms the Importance of Diversity Efforts Post- Schuette

In April, the Supreme Court issued its decision in Schuette v. Coalition to Defend Affirmative Action , upholding Michigan’s State Constitutional Amendment prohibiting, among other things, any preferential treatment on the...more

5/7/2014 - Affirmative Action Colleges Constitutional Amendment DOE Race Discrimination Schuette v Coalition to Defend Affirmative Action SCOTUS Universities

The Assault on Sexual Assault Continues – On Both the Federal and State Levels

As reported last week, The White House Task Force To Protect Students From Sexual Assault issued its first report. Simultaneously, OCR issued Q&As on Title IX obligations and related documents to help guide institutions and...more

5/6/2014 - Colleges DOE Investigations Obama Administration OCR Sexual Assault Title IV Universities

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

4/30/2014 - Colleges Rape SAFE Act Sexual Assault Students Universities

NLRB Grants Request for Review of Northwestern University Decision

In a not surprising development, the National Labor Relations Board announced today that it has granted Northwestern University’s Request for Review of the Regional Director’s decision directing an election among the...more

4/25/2014 - College Athletes NLRB Scholarships Students Unions

A More “Militant” AAUP Coming to a Campus Near You?

The Chronicle has reported in the recent past about a division of views within the AAUP as to its proper focus. In 2012, a slate of officers running under the “AAUP Organizing for Change” banner won election fairly handily...more

4/24/2014 - Colleges NLRB NLRB v Yeshiva Unions Universities

Michigan’s Affirmative Action Ban In Public Education Upheld By the Supreme Court

In a number of cases since Regents of the Univ. of Cal. v. Bakke, the Supreme Court has upheld in a variety of contexts the use of some degree of race based preferences in the admissions process for colleges and universities....more

4/23/2014 - Affirmative Action Colleges Public Schools SCOTUS

Potential Institutional Liability to the Accused in Sexual Assault Cases

Recent articles and postings not only highlight the continuing focus on sexual assault cases on college campuses by the victims of those assaults, but also on the threat of litigation by those accused of the assaults. In the...more

4/10/2014 - Colleges OCR Sexual Assault Title IX Universities

The NLRB, Northwestern University and Unintended Consequences

As reported here last week, the NLRB’s Regional Director in Chicago has determined that those members of the Northwestern University football team who receive grants-in-aid are “employees” under the National Labor Relations...more

4/1/2014 - College Athletes NCAA NLRB Unions

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