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
6/5/2018
/ Colleges ,
Educational Institutions ,
Employee Misconduct ,
First Amendment ,
Free Speech ,
Hiring & Firing ,
Public Employees ,
Teachers ,
Tenure ,
Termination ,
Twitter ,
Universities
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
9/25/2017
/ Appeals ,
Clear and Convincing Evidence ,
Colleges ,
Confidential Information ,
Department of Education ,
Due Process ,
Filing Grievances ,
Guidance Update ,
Investigations ,
New Guidance ,
Obama Administration ,
OCR ,
Preponderance of the Evidence ,
Rescission ,
School Districts ,
Secretary of Education ,
Sexual Assault ,
Sexual Violence Policies ,
Title IX ,
Trump Administration ,
Universities ,
Written Notice
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
8/4/2017
/ Affirmative Action ,
College Admissions ,
Colleges ,
Department of Justice (DOJ) ,
Diversity ,
Equal Protection ,
Fourteenth Amendment ,
New York Times ,
Race Discrimination ,
Trump Administration ,
Universities
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
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
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
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
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
10/1/2015
/ Antitrust Provisions ,
Appeals ,
College Athletes ,
Colleges ,
Name and Likeness ,
NCAA ,
O'Bannon v NCAA ,
Rule-of-Reason Analysis ,
Scholarships ,
UCLA ,
Universities
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
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