Education Criminal Law

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Attorneys in the Student Disciplinary Process: Requirements, Restrictions and Best Practices

Under the newly revised Clery Act, colleges and universities may not ban lawyers from attending and advising their clients at campus disciplinary proceedings involving sexual assault, domestic violence, dating violence and...more

North Carolina General Assembly Week in Review

This week, in a press conference at the state capitol building with House and Senate leaders, Gov. Pat McCrory (R-NC) announced that North Carolina had paid off the $2.8 billion debt it owed to the federal government for...more

Atlanta Educators Face Twenty Years in Prison After Jury Convicts Them of Racketeering

The New York Times reported this Wednesday and Thursday that the jury has convicted eleven of twelve educators of conspiring to alter and inflate student scores on standardized testing utilized to gauge compliance with, and...more

A Review of New York’s Proposed Sexual Violence Legislation – Part I: Consent

As we noted in our last post, we will be taking a closer look at the specific provisions of New York’s proposed sexual violence legislation over the next week or so. With the Governor’s Office urging New York colleges and...more

Institutions of Higher Education Rank High in the FBI’s Study of Active Shooter Incidents

At the end of 2014, the FBI issued its Study of Active Shooter Incidents in the United States between 2000-2013 (“Study”). This first of its kind study found 160 active shooter incidents in the United States during this time...more

Recently Enacted Legislation Requires New York Institutions to Report Violent Felonies and Missing Students

Governor Cuomo has signed into law amendments to New York’s Campus Safety Act requiring institutions to notify law enforcement within 24 hours after receipt of a report of a violent felony or a report that a student residing...more

Minnesota Weekly Legislative Update: 02/2015

This past week, commissioner salary raises were amended into deficiency funding legislation, tax committees heard a host of potential omnibus bill legislation, and additional testimony was heard on teacher tenure policy, as...more

White House Task Force on Sexual Assault Advises Colleges on Working with Law Enforcement

In its April 2014 report, the White House Task Force to Protect Students From Sexual Assault promised to release a sample Memorandum of Understanding to provide guidance to institutions of higher education that wish to...more

Cullen & Dykman Sees Colleges Calling for Title IX Help v [Video]

Jan. 27, 2015 (Mimesis Law) -- Jim Ryan talks with Lee Pacchia about how the rise in reported on-campus sexual assaults and the pressures on colleges and universities to do something about the problem has translated into a...more

Bribery Is Not a Free Speech Right, Judge Says

In late 2012, a California district attorney’s office obtained an indictment charging 18 defendants, including school board members, administrators and contractors, with conspiracy, bribery, perjury, filing false gift reports...more

Department of Justice Releases Report on Rape and Sexual Assault Victimization Among College-Age Women

Late last week, a Special Report on Rape and Sexual Assault Victimization Among College-Age Females (“Report”), for the period 1995-2013, was issued. The results are based on information taken from the U.S. Department of...more

What’s on the Horizon in the Golden State?

As we near the turn of the year into 2015, organizations should keep an eye on laws taking effect on the West Coast. This year, the crop of new privacy statutes includes a few without precedent anywhere in the country. The...more

New State Act Increases Background Check Requirements for School Employees and Volunteers

In the flurry of activity before the end of the legislative session in October, the Pennsylvania Legislature passed and Governor Thomas Corbett signed into law Act 153 of 2014, that amended the state Child Protective Services...more

Rolling Stone Retracts UVA Article Detailing Alleged Gang Rape

We previously reported that on November 19, 2014, Rolling Stone published an article titled “A Rape on Campus” by Sabrina Rubin Erdely. The article offers a brutal account of an alleged sexual assault of a freshman student,...more

Appearance and Perception of a Conflict of Interest: Whose View?

Conflict of interest provisions are best when they are clear and set certain boundaries. The appearance and perception of a conflict doesn’t mean that a conflict of interest exists. Appearances can be misconstrued or...more

Status Updates - December 2014

Yik Yak arrests. For several months now we at Socially Aware have been writing about how college students have been using the purportedly anonymous messaging app Yik Yak to communicate deeply offensive remarks and threats of...more

Pulling Mark Filip from UVA Rape Investigation Makes “Independence” a Silly Talisman

I really don’t mean to be a mouthpiece for Kirkland & Ellis white collar lawyers. But they’ve been in the news in recent days, this time in connection with this horrific story about widespread sexual assaults at the...more

Three Local School Districts Cancel Football Seasons Due to Hazing Allegations

Bullying is one of the fastest growing issues affecting schools across the country today. In the last month, three local high schools have taken a somewhat unprecedented approach in an effort to tackle problems of hazing in...more

Searching Student Smart Phones in The Wake of Riley V. California

In the recent, landmark case of Riley v. California, the United States Supreme Court held that the police may not search digital data on the cell phone of an arrestee without a warrant, reasoning that smart phones not only...more

Virginia Supreme Court Opinions Affecting Local Government Law: October 31, 2014

Happy Halloween! The Virginia Supreme Court issued opinions on Halloween this year. A complete coincidence, but I do hope that nothing in this term’s opinions has scares you! This term resulted in two cases related to...more

Combining Arms for Justice-Involved Veterans [Video]

Co-sponsored by Fenwick & West and Microsoft, Equal Justice Works Fellow Leo Flor is building enduring capacity in Washington State for complementary civil representation of criminal justice-involved veterans through client...more

University of Florida Quarterback Is Reinstated After Accuser Withdraws Sexual Assault Complaint

James Ryan, the Partner-in-Charge of the Education Litigation Department of Cullen and Dykman LLP was recently featured in The Chronicle of Higher Education, regarding the highly publicized University of Florida (the...more

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2,...more

White Collar Watch - September 2014

In This Issue: - Conditions of participation vs. conditions of payment – a recent trend in False Claims Act cases - SEC gives first whistleblower award to audit and compliance employee - Whistleblower...more

North Carolina ABC Legislative Wrap-Up 2014

The 2014 legislative short session adjourned on August 20, 2014. The General Assembly passed several bills affecting alcoholic beverages in North Carolina. Significant provisions of those bills are summarized below....more

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