This advisory summarizes Section 117 requirements and enforcement, highlights key aspects of the updated guidance, and identifies considerations for higher education institutions given the U.S Department of Education’s...more
In response to the COVID-19 pandemic, universities have had to make difficult, but important, decisions to protect the health of their students, among others. By necessity, these decisions have affected the way students are...more
On April 9, the U.S. Department of Education (ED) released information and guidance related to the Higher Education Emergency Relief Fund (HEERF), the approximately US$14 billion fund created under the Coronavirus Aid, Relief...more
On 5 March 2020, the U.S. Department of Education (ED) published an electronic announcement to provide guidance on compliance with federal student financial aid (Title IV) requirements in connection with students for whom...more
3/10/2020
/ Best Practices ,
China ,
Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Educational Institutions ,
Emergency Management Plans ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Title IV ,
Universities
Higher education institutions increasingly leverage P3s to deliver campus projects, including with respect to energy and utility assets, instead of traditional project structures that involve the institution owning and...more
10/18/2019
/ Carbon Emissions ,
Colleges ,
Construction Project ,
Educational Institutions ,
Electricity ,
Energy Efficiency ,
Infrastructure ,
Project Finance ,
Public Private Partnerships (P3s) ,
Public Projects ,
Real Estate Development ,
State and Local Government ,
Universities ,
Urban Planning & Development
On June 14, 2019, the United States Court of Appeals for the District of Columbia Circuit rejected the argument that a university should be entitled to special academic deference in employment discrimination claims concerning...more
7/10/2019
/ Agency Deference ,
Anti-Discrimination Policies ,
Appeals ,
Civil Rights Act ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Human Rights Act ,
Tenure ,
Title VII ,
Universities
Although in the past few weeks the U.S. Department of Education (ED) had encouraged institutions to prepare for additional compliance requirements related to gainful employment (GE) that were scheduled to take effect on...more
Over the last few months state legislatures have put forward various bills that would increase regulation of postsecondary education.
...more
4/22/2019
/ Colleges ,
Education Reform ,
Education Requirements ,
For Profit Education ,
Legislative Agendas ,
Nonprofits ,
Post-Secondary Institutions ,
Regulatory Agenda ,
Regulatory Oversight ,
Rulemaking Process ,
State and Local Government ,
Universities
On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more
10/9/2017
/ Colleges ,
Dear Colleague Letter ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Federal Funding ,
Gender-Based Violence ,
OCR ,
Rape ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
In a case involving medical methods invented by two Nobel laureates, the U.S. Court of Appeals for the Federal Circuit has ruled that sovereign immunity prevents a third researcher from pursuing his claim of co-inventorship...more
4/27/2017
/ Bayh-Dole Act ,
Educational Institutions ,
Genetic Materials ,
Inventions ,
Inventors ,
Joint Inventors ,
Jurisdiction ,
Patents ,
Research Funding ,
Royalties ,
Scientific Research ,
Sovereign Immunity ,
Universities
Last week, The Chronicle of Higher Education reported that it had analyzed data released by the U.S. Department of Education (“ED”) and concluded that 177 private colleges and universities failed ED’s financial responsibility...more