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Bullying: Slowly But Surely, the Law Recognizes an Age-Old Problem

How far is too far when it comes to protecting your child from an alleged school bully? A mother in Santa Rosa, California may very well have pushed the limits of good parenting in attempts to protect her daughter earlier...more

Lab Safety – Yet Another Harsh Reminder

Institutions make great efforts to ensure that their research labs are safe for students and staff, because it is the right thing to. Even then, accidents can happen that puts those working in these labs in harm’s way. A...more

U.S. Supreme Court’s Decision Raises Questions About Cell Phone Searches in Schools

The long-standing test for searching students at school requires that the search must be based on a “reasonable suspicion” that the student violated a school rule or law. A recent criminal decision from the United States...more

New York’s Campus Safety Act: Proposed Legislation to Require Notice of Violent Felonies and Missing Persons

The New York State Senate passed a bill today that would amend New York’s Campus Safety Act to require institutions, effective immediately upon its enactment, to notify law enforcement of any report of a violent felony or...more

White Collar Watch - June 2014

In This Issue: - Whistleblower’s one-two punch: Confidential informant/employee spurs criminal investigation, then successfully sues individual company owner in qui tam action - Alleged illegal recruiting for...more

Illinois Felony Hazing Law Held Constitutional

In a criminal prosecution of four former fraternity members, a state judge ruled yesterday that the Illinois Hazing Act’s broad definition of “hazing” is sufficiently clear to withstand a constitutional challenge. ...more

South Carolina Legislative Update - May 2014

“Crossover” Complete - The General Assembly’s May 1 “crossover” deadline requires bills to move from one legislative body to the other or require a two-thirds vote for consideration in the receiving chamber for bills...more

South Carolina Legislative Update - April 2014 (#3)

South Carolina General Assembly - The House and Senate were on furlough last week. The only meeting scheduled was a special House panel weighing ethics reform changes wherein nothing advanced and no votes were taken. ...more

Privileged Communications With Outside Consultants

Penn State University recently decided to waive attorney-client privilege and cooperate in the criminal prosecutions of certain former employees. Obviously, the former employees have attempted to assert privilege to exclude...more

Impact On Employers And Schools Of Illinois Supreme Court’s Rejection Of Eavesdropping Law

Employers, schools, and other entities have long relied on the Illinois Eavesdropping Act to prohibit individuals from recording conversations, meetings, classes, and other activities without the consent of all participants....more

Small Business Procurement and Contract Act For Postsecondary Institutions, Employment Contracts for Local Agency Executives, Sex...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Small Business Procurement and Contract Act For Postsecondary...more

Juvenile Court Schools, Reporting Allegations of Misconduct Against Certificated School Employees, and Bidding Practices under the...

KMTG will be issuing a series of updates on new legislation signed by Governor Brown. All laws became effective January 1, 2014, unless otherwise stated. Juvenile Court Schools—AB 631 - AB 631 amends Education...more

Title IX: Responding To Sexual Harassment And Violence Incidents

Confronting these emotionally laden, incendiary events requires an even-handed and fearless approach - A senior administrator recently described the issues related to sexual misconduct as a dormant volcano that lies...more

New Campus Security Laws Take Effect This Month

A key section of the comprehensive federal legislation passed last year to prevent and address violence against women on campuses nationally takes effect this month. It is critical for educational institutions to understand...more

White Collar Watch - February 2014

Contents - False Claims Act ruling opens door to large damage awards... pages 1 - 2 - Supreme Court asked if state universities are exempt from liability under the False Claims Act... pages 2 - 4 -...more

Employee Theft of Employer Documents—Protected Conduct in Opposition to Discrimination or Criminal Activity?

From time to time, there is media coverage about a teacher or other public school employee who has been charged with a serious crime that occurred outside the school environment. If this employee had previous convictions or...more

President Obama Announces White House Task Force On Protecting Students From Sexual Assault

On January 22, 2014, President Obama announced the creation of a White House Task Force on Protecting Students from Sexual Assault (Task Force). The President’s announcement was accompanied by a report issued by the White...more

US Department of Education Levies More Fines for Clery Act Violations

President Obama recently called attention to the issue of sexual violence on college campuses, stating that “more needs to be done to ensure safe, secure environments for students” and that “we must strengthen and address...more

President Obama Launches Task Force on Campus Sexual Assaults

On January 22, 2014, President Obama announced the creation of a Task Force to Protect Students From Sexual Assault. The Task Force was announced in conjunction with the release of a report on rape and sexual assault from the...more

President Obama Establishes Task Force To Focus on Campus Sexual Assaults

In a memorandum issued earlier this week, President Obama announced the formation of an interagency task force to address incidents of rape and sexual assault at colleges and universities. Citing “uneven” compliance with...more

N.J. Court Upholds Criminal Indictment against Former Employee Who Took Confidential Documents

Recently, the Appellate Division of the New Jersey Superior Court upheld a criminal indictment against a former employee of the North Bergen Board of Education (the Board), which stemmed from the alleged theft of public...more

2014 Brings New School Safety Laws

After seeing a flurry of school safety proposals in 2013, the year ended quietly, with only a handful of school safety bills enacted that will bring relatively modest change. Here is a summary of new school safety laws, which...more

Student Sexting: A Serious Issue in Need of a Thoughtful Response

Sexting among today’s teens is a problem that is under-the-radar in many schools. For those who have not yet encountered the issue, “sexting” is when young people take nude pictures or video images of themselves or others,...more

Recent Cases of Interest to Regulators

Off Duty Conduct - Fountain v. British Columbia College of Teachers, 2013 BCSC 773 (British Columbia Supreme Court) - Fountain, a teacher, fired a shot from a rifle over the heads of his sons in the aftermath of...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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