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University Trademarks & Alumni Associations: How Far Is Too Far?

With the recent emergence of Name Image Likeness ("NIL") compensation, alumni associations focused on raising funds to compensate student athletes have been on the rise. But alumni associations in some form or another have...more

Supreme Court Declines to Review Magnet School Admissions Policy Which Targeted a More “Diverse” Student Body and Shaped Racial...

On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more

As California Considers Banning Caste Discrimination, Considering College and University Efforts to Do the Same

​In an effort to combat discrimination and harassment based on caste, numerous colleges and universities have amended their nondiscrimination policies to explicitly prohibit misconduct based on caste. Institutions of higher...more

Appeals Court Holds That Title IX Extends To Claims Of Discrimination Based On Perceived Sexual Orientation

​The U.S. Court of Appeals for the Ninth Circuit recently held that harassment based on perceived sexual orientation constitutes sex discrimination under Title IX, extending the holding from the U.S. Supreme Court's Title VII...more

The U.S. Department of Education Publishes NPRM Regarding Transgender Student-Athletes; Proposes Framework for Analysis of...

On April 6, 2023, the United States Department of Education (“ED”) issued a Notice of Proposed Rulemaking (the “NPRM”) related to Title IX of the Education Amendments of 1972 (“Title IX”). The NPRM, entitled...more

OCR Resolution Agreement Underscores Obligations Regarding Institutional Support for Pregnant Students

​On January 26, 2023, the U.S. Department of Education’s Office for Civil Rights (“OCR”) published a letter and resolution agreement regarding a December 2020 complaint (OCR Complaint # 04-21-2060) filed against Troy...more

The U.S. Supreme Court Holds That Emotional Damages Are Not Available Under Spending Clause Statutes, Including Title IX and Title...

On April 28, 2022, the U.S. Supreme Court held in Cummings v Premier Rehab Keller, P.L.L.C. that emotional distress damages are not recoverable in a private action to enforce several civil rights statutes. While Cummings...more

New NCAA Name, Image, Likeness Guidance Has Immediate Impact on NIL “Collectives”

On Monday, May 9, 2022, the NCAA Division I Council Working Group on Name, Image and Likeness released new guidance regarding third-party involvement in NIL activities. The guidance comes as we approach the one-year...more

HED: DOJ Issues New Guidance on Web Accessibility

The Department of Justice (“DOJ”) published, on March 18, 2022, new “Guidance on Web Accessibility and the ADA” (the “Guidance”). For colleges and universities, the Guidance offers some help as to how to best satisfy their...more

OCR and Justice Department Recognize World Mental Health Day by Releasing Fact Sheet on Supporting and Protecting the Rights of...

Guidance outlines K-12 and Postsecondary Schools’ Response - On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S....more

10/19/2021  /  Disabilities , Mental Health , OCR , Students

Philadelphia Issues New Update to COVID-19 Vaccine Mandates for Healthcare Employees and Students, Faculty and Staff in...

On October 6, 2021, the Philadelphia Department of Public Health (DPH) announced a series of extensions designed to allow healthcare employers and institutions of higher education to comply with the City’s vaccine mandate....more

Justice Department Settles with Brown University Regarding Responses to Students with Mental Health Disabilities, Providing...

On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more

Philadelphia Announces COVID-19 Vaccine Mandates for Healthcare Employees and Students, Faculty, and Staff in Institutions of...

On August 13, 2021, Philadelphia’s Department of Public Health (“DPH”) announced an emergency regulation mandating COVID-19 vaccines that will affect healthcare institutions and the City’s colleges and universities. Many of...more

OCR Releases Questions and Answers on the Title IX Regulations on Sexual Harassment, Providing Insight on How the Department...

On July 20, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued its Questions and Answers on the Title IX Regulations on Sexual Harassment (“Q&A”), which clarifies OCR’s...more

OCR Announces That LGBTQ+ Students Are Protected by Title IX, Providing Further Guidance to K-12 Schools, Colleges, and...

On June 16, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) issued a Notice of Interpretation explaining that it will enforce Title IX's prohibition of discrimination on the basis...more

The Department of Justice Weighs in on Title IX Peer Harassment and Retaliation

The Department of Justice recently filed a Statement of Interest in Thomas v. Bd. of Regents of the University of Nebraska, a case pending in the United States District Court for the District of Nebraska asserting peer...more

The 21st Century Cures Act and Higher Education: Does Your Institution Need to Comply?

Background - On December 13, 2016, the 21st Century Cures Act (the “Cures Act”) was signed into law and made changes to the Public Health Service Act related to health information technology. The Office of the National...more

OCR Announces Plan to Conduct Comprehensive Review of Title IX Regulations in Anticipation of Publishing a Notice of Proposed...

On April 6, 2021, the U.S. Department of Education’s (the “Department”) Office for Civil Rights (“OCR”) provided a roadmap for carrying out President Biden’s recent Executive Order on Guaranteeing an Educational Environment...more

Revisiting Title IX’s Applicability to Academic Medical Centers

Whether and how Title IX applies to academic medical centers has historically been a difficult issue to get solid guidance on. While the preamble to the recent Title IX Sexual Harassment regulations touched lightly on the...more

New Guidance From the Department of Health and Human Services on Title IX in Academic Medical Centers

On September 25, 2020, the Office for Civil Rights at the U.S. Department of Health and Human Services (“HHS”) published a document entitled, “Effective Practices for Preventing Sexual Harassment.” ...more

The Department of Education Opens an Investigation After University Acknowledges Embedded Racism

Earlier this month, Princeton’s President sent a letter to the Princeton community to outline the University’s next steps to “address systemic racism at Princeton and beyond.” President Eisgruber showed his support for...more

Education Department Issues Final Rule Focusing on Free Speech on Campus and Equal Treatment of Faith-Based Institutions

On September 9, 2020, after receiving more than 17,000 public comments to its notice of proposed rulemaking (the “NPRM”), the United States Department of Education (the “Department”) published the Religious Liberty and Free...more

The Department of Education Rescinds Prior Title IX Guidance Documents and Makes Key Changes to Title IX Case Processing Manual

Late last week, with no apparent public discussion, the Department of Education (the “Department”) withdrew a number of Office for Civil Rights (“OCR”) guidance documents relating to Title IX in the wake of the new Title IX...more

Four Labor and Employment Issues Impacting Higher Education

Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more

Pennsylvania Department of Education Releases “Model Policy” and New Requirements Concerning Sexual Violence/Harassment Policies

On June 28, 2019, Governor Wolf signed into law Act 16 of 2019, which requires institutions of higher education in Pennsylvania to meet two new categories of requirements related to sexual misconduct in their programs and...more

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