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Can A University Terminate For Tenured Teacher’s Twitter Tweaks?

A series of Twitter posts from a tenured Fresno State English professor about former First Lady Barbara Bush has once again sparked a national conversation about how the First Amendment applies in the university setting, and...more

Education Secretary Rescinds Obama-Era Campus Sexual Assault Guidance

In a long-anticipated move, the United States Department of Education Office for Civil Rights withdrew the Obama Administration’s 2011 Dear Colleague Letter on Sexual Violence this morning, as well as its Questions and...more

Affirmative Action Bombshell: FAQs About The Justice Department’s New College Admissions Project

Higher education institutions felt seismic shockwaves yesterday as the New York Times reported that the Trump administration would soon redirect Justice Department resources toward investigating – and possibly suing –...more

Supreme Court Increases School Standards For Students With Disabilities

IEPs Must Meet “Markedly More Demanding” Standard From Now On This week, in a unanimous decision crafted by Chief Justice John Roberts, the Supreme Court decided that the Individuals with Disabilities Education Act...more

The Reality Of “Sanctuary Campuses”

Throughout the course of his campaign, President-elect Donald Trump pledged to deport millions of undocumented immigrants and also eliminate the federal Deferred Action for Childhood Arrivals policy (DACA) – which allows some...more

Four Practical Tips For K-12 Title IX Compliance

Administrators at K-12 school districts around the country have enormous responsibilities, with Title IX compliance high up on their list. While all administrators are concerned with doing the right thing by their students,...more

Don’t Believe Everything You Read: Labor Board Has Not Ruled College Athletes Are Employees (Yet)

ESPN recently reported that the National Labor Relations Board (NLRB) had “ruled” that Northwestern University’s football players were actually “employees,” and that the University’s policing of its football players’ social...more

The Unexpected Class Of 2016? Groundbreaking Labor Board Decision Creates New Class Of Supervisors

Recently, in a high-profile decision involving Columbia University, the National Labor Relations Board (NLRB) determined that private college and university graduate and undergraduate student assistants – that is, students...more

NLRB Rules Student Employees Can Unionize

In a game-changing decision reversing clear legal precedent, the National Labor Relations Board (NLRB) ruled by a 3-1 margin today that university students who work as teaching and research assistants at private universities...more

Proposed Borrower Defense Rules May Significantly Impact Higher Education Institutions

The US Department of Education (ED) recently released a significant Notice of Proposed Rulemaking which could impact most institutions of higher education. In a nutshell, the proposed regulations are designed to provide...more

Stanford Swimmer Case And Baylor Athletics Report Return Focus To Title IX And Campus Sex Assault

The light criminal sentence meted out to former Stanford swimmer Brock Turner, coupled with a scathing independent report about the way Baylor University purportedly responded to claims of sex misconduct in general and sex...more

Racial Tensions On Campus: Six Practical Solutions For Educational Institutions

Almost five years ago, the Department of Education issued its “Dear Colleague” letter on Title IX and sexual violence. The letter was a not-so-subtle reminder that Title IX requires federally funded educational institutions...more

University Revises Transfer Policies In Effort To Combat Campus Sex Assault

One Title IX issue that has received considerable attention over the past several months is how colleges and universities should assess the student conduct records of students interested in transferring onto campus. Putting a...more

Three Things You Need To Know: School Ordered To Allow Girls' Locker Room Access To Transgender Student

Should anatomically male transgender high school students who identify as female be allowed to use female locker rooms? In what has been described as a “momentous” decision, the Department of Education Office of Civil Rights...more

$800K Settlement Illustrates Unique Issues Raised In Title IX Litigation

Student-on-student sex-assault cases have recently taken center stage in the higher education arena. The last two months have seen legal developments in this area which aptly illustrate the seemingly Sisyphean task facing...more

Federal Appeals Court Rejects Payments To College Athletes

This morning, the 9th Circuit Court of Appeals ruled that the NCAA is subject to antitrust laws and that its payment rules are too restrictive in attempting to maintain amateurism. However, in what can only be deemed a...more

Playing It Safer: Managing Concussion-Litigation Risk In K-12 Athletics

Following a week-long trial in May, an Iowa jury concluded that Bedford High School was negligent in the way it handled a head injury to former high school freshman football player Kacey Strough. The jury awarded Kacey $1...more

SCOTUS Extends Same-Sex Marriage Rights Nationwide

As has become its custom, the Supreme Court left one of its most high-profile decisions for the end of its term, holding by a 5-4 vote that the Constitution requires states to recognize same-sex marriages. As a result, state...more

A First Look at the Workplace Implications of Same-Sex Marriage Equality

We asked attorneys writing on JD Supra to share with us their initial thoughts on the implications of the U.S. Supreme Court's Obergefell decision in favor of same-sex marriage equaliy, especially with the regard to the...more

July 1 Deadline Approaching On New VAWA Regulations

Regulations interpreting the Violence against Women Reauthorization Act of 2013 (VAWA) become effective for higher education institutions on July 1, 2015. Generally speaking, these regulations contain new reporting, policy,...more

Handling Student Sexual Assault In K-12 Schools

In March, U.S. News & World Report featured a lengthy story provocatively titled, “High Schools and Middle Schools Are Failing Victims of Sexual Assault.” In addition to documenting situations where schools allegedly...more

Keeping Students In Line – Without Repercussions

In 1958, a Brown University senior was expelled because he had the temerity to bring his girlfriend to his dorm room. He did not contemplate litigation. Instead, Ted Turner moved back home to Atlanta to work at his family...more

Faculty Can Unionize Absent Actual Managerial Control, NLRB Decides

Last week, the National Labor Relations Board (NLRB or Board) revised its standard for determining when faculty members can unionize. Although the decision is expected to be appealed, it undoubtedly will open the door to a...more

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