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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

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

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

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

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

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

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

Proposed DOE Rule Targets Free Speech on Campus and Equal Treatment of Faith-Based Institutions

On January 16, 2020, the Department of Education (the “Department”) issued a notice of proposed rulemaking (“NPRM”) with the stated aim of implementing at colleges and universities certain Trump administration initiatives...more

Higher Education Highlights Summer 2019

Esports - Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more

Department of Education New Proposed Title IX Regulations

The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more

College and University Diversity Policies Have Come Under Attack

In recent months, challenges to schools’ programs and policies designed to foster diversity have become increasingly common. Anti-affirmative action advocates have stepped up their attacks on race- and gender-conscious...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

Cyberattacker Offers Access to Private Data From 60 Universities and Agencies

In February 2017, a private threat intelligence firm alerted more than 60 organizations – institutions of higher education and governmental entities – that their internal databases had been breached by a Russian-speaking...more

New Jersey Joins Growing Number of States in Implementing Measures to Curb Student Suicide

On August 1, 2016, New Jersey Gov. Chris Christie signed the Madison Holleran Suicide Prevention Act, which requires institutions of higher education to ensure that mental health counselors are available to students 24 hours...more

Higher Education Highlights - Fall 2015

Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek...more

PA Senate Approves Bill Dramatically Expanding Abuse Reporting Requirements at Colleges and Universities

On October 16, 2013, the Pennsylvania Senate unanimously passed Senate Bill 31 which, if approved by the House of Representatives and signed by Governor Corbett, would substantially expand colleges’ and universities’ child...more

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