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U.S. Department of Education to Rescind Subregulatory Guidance on Sexual Violence and Issue New Regulations

In remarks yesterday, United States Secretary of Education Betsy DeVos announced that the Department of Education plans to initiate a public comment period to begin the process of adopting new regulations on campus sexual...more

Department of Justice Reportedly to Target Race-Conscious Admissions Policies

According to published reports, the Trump administration appears poised to direct the Department of Justice to begin investigating, and potentially litigating against, institutions over what it characterizes as “intentional...more

Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

In light of the serious concerns institutions and advocates have expressed about FERPA and other privacy laws, we have recently been informed that the Office of Campus Safety will likely revise its Notice of Audit, dated June...more

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§...more

New York Institutions: Governor Reportedly to Order Comprehensive “Enough is Enough” Compliance Audit

Apparently prompted by allegations from students and advocates, New York Governor Andrew Cuomo is reportedly directing an audit, to be conducted by representatives from the New York State Department of Education, Department...more

Regional Accreditor Poised to Ban Incentive Compensation to Recruiters of International Students

The Middle States Commission on Higher Education has proposed the adoption of a policy that would prohibit Middle States-accredited colleges and universities from providing “incentive payment” (e.g., tuition sharing or per...more

New York Institutions: Exemption from Cybersecurity Regulations Sought by Bond Granted in Final Regulations Issued by Department...

Last month, Bond, Schoeneck & King sought an exemption from cybersecurity regulations proposed by the New York State Department of Financial Services (DFS) for colleges, universities and other charitable organizations that...more

Cybersecurity and Data Privacy: New York State Department of Financial Services to Implement Regulations Applicable to All...

Following a public comment period, the New York State Department of Financial Services (DFS) has published a modified version of new regulations, previously issued on September 13, 2016, aimed at creating higher cybersecurity...more

U.S. Supreme Court Denies Certiorari In O’Bannon

The Supreme Court of the United States has denied both the NCAA’s and plaintiffs’ petitions for certiorari in the O’Bannon case. The parties had petitioned for review of the United States Court of Appeals for the Ninth...more

Department of Education Issues Guidance on Campus Policing

Citing the ongoing nationwide dialogue on law enforcement-community relations, racial justice and officer and public safety, on September 8 the U.S. Department of Education (in coordination with the Justice Department)...more

United States District Court Enjoins Enforcement of Dear Colleague Letter on Transgender Students; Decision May Impact OCR...

On August 21, 2016, in a case entitled State of Texas et al. v. United States of America et al ., Judge Reed O’Connor of the United States District Court for the Northern District of Texas issued a nationwide preliminary...more

New York Institutions: NYSED Activates Electronic Submission System for Article 129-A and 129-B Compliance

The New York State Education Department has activated its electronic submission system for institutions to file certificates of compliance with Education Law Articles 129-A and 129-B, as well as the copies of rules and...more

New York Institutions: NYSED Posts Update on Status of Article 129-A and Article 129-B Filing System

In a new update posted to its website, the New York State Education Department has indicated that it is continuing work on its electronic system for the submission and recording of this year’s required certificates of...more

New York State Education Department Publishes Interpretative Guidance on “Enough is Enough” Legislation

On June 2, 2016, the New York State Education Department published joint guidance from the Department and the New York State Office of Campus Safety that is intended to assist colleges and universities in complying with...more

Exempt Organizations: 2015 Amendments to New York’s Nonprofit Revitalization Act (2/16)

In December of 2013, New York enacted the Nonprofit Revitalization Act (the NPRA) which impacted all New York not-for-profit corporations as it sought to not only update New York’s Not-for-Profit Corporation Law (NPCL) but it...more

NCAA Settlement Could Promote Concussion Prevention and Treatment, but Leaves Member Institutions on the Hook for Future Lawsuits

On January 26, U.S. District Judge John Lee of the United States District Court for the Northern District of Illinois granted preliminary approval of a new settlement of consolidated class action litigation involving the NCAA...more

2/2/2016  /  Class Action , NCAA , Student Athletes

Education Department Reverses Course on Prohibition Against Incentive Compensation Based on Retention and Graduation; Clears Way...

On November 27, 2015, the United States Department of Education announced a reversal of its previously existing prohibition against the payment of incentive compensation based on students’ program completion or graduation...more

O’Bannon v. NCAA – A Split Decision by the Ninth Circuit

The United States Court of Appeals for the Ninth Circuit issued its highly anticipated decision in the O’Bannon case on September 30, 2015. This case was an appeal of the United States District Court for the Northern District...more

Ninth Circuit Rules on NCAA’s Appeal in O’Bannon

After a lengthy discussion in which the Ninth Circuit ruled that the NCAA’s compensation rules are subject to scrutiny under antitrust laws, the Ninth Circuit affirmed in part and reversed in part the District Court’s...more

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

E-Discovery and Information Management: Electronic Data Breach Of Student Records—The University’s Obligation To Disclose (3/15)

Data security breaches have become unfortunately prevalent amongst higher education institutions. In fact, colleges and universities suffer data breaches at a rate of just over one per week.(1) The Privacy Rights...more

‘The Fountain Hopper’ – The Latest Example of Student FERPA Activism

Last week, an anonymous Stanford University publication called The Fountain Hopper gained the attention of not only Stanford students, but admissions officers nationwide, when it disseminated a communication encouraging...more

“Accountability, Transparency, and Integrity” — NACAC Amends Statement of Principles and Issues Guide for Use of International...

Last September, during its 2013 National Conference, the National Association for College Admission Counseling (NACAC) approved a change to its Statement of Principles of Good Practice that would allow member colleges and...more

NCAA to Appeal O’Bannon Decision

Last Thursday, the NCAA announced that it had filed a notice of appeal of Judge Claudia Wilken’s August 8, 2014 decision in O’Bannon v. National Collegiate Athletic Association et al. The appeal was widely anticipated as the...more

Subject to Change: Department of Education Issues Latest Guidance on Campus SaVE Act VAWA Amendments and Cautions Against Reliance...

On July 14, 2014, the United States Department of Education issued a “Dear Colleague” letter reiterating its prior guidance to institutions for complying their Clery Act obligations under Campus SaVE Act provisions of the...more

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