News & Analysis as of

The Impact of U.S. Export Controls and Economic Sanctions on Colleges and Universities

At the core, a University holds most dear the ability for faculty and students to freely engage in research in an open environment, permitting unrestricted access to the University’s underlying research data, the research...more

Houston (College of Law) Has a Problem

A trademark problem, that is, as reported by the Texas Tribune on Friday of last week. Lest you be fooled by the above reference to Houston College of Law being established in 1923, the name has only been around since...more

OCR Decides Lack of Procedural Protections for Accused Students Violates Title IX

After years of decisions in which the U.S. Department of Education’s Office for Civil Rights (OCR) criticized colleges' and universities' handling of claims filed by individuals alleging sexual assault on campus, OCR now...more

High Court of Australia unanimously decides against extension of time

High Court of Australia unanimously decides against granting time extension to an abuse victim in a case of extraordinary delay. In Prince Alfred College Inc v ADC [2016] HCA 37, the High Court of Australia has...more

Department of Education Releases Training Materials on Handling Sexual Misconduct

The Department of Education (DOE) recently released the Safe Place to Learn resource package, providing schools with a variety of materials aimed at eliminating student-on-student sexual harassment and sexual violence. The...more

Courts Must Defer to Agency Determination on Whether a Changed Project is a New Project

In Friends of the College of San Mateo Gardens v. San Mateo County Community College District (Supreme Court No. S214061, filed Sept. 19, 2016), the California Supreme Court resolved the vexing question of whether a change to...more

ED terminates recognition of ACICS: Next steps

Yesterday afternoon, the U.S Department of Education announced its decision to end federal recognition of the Accrediting Council for Independent Colleges and Schools (ACICS), the country’s largest national accreditor, which...more

California Supreme Court Invalidates "New Project" Test - Court Upholds Use of Addendum to Mitigated Negative Declaration Under...

In a major win for agencies and project sponsors, the Supreme Court of California affirmed that addenda can appropriately be used to consider modifications to a previously approved negative declaration or Environmental Impact...more

Put Me in Coach! Using Split Dollar Life Insurance Plans to Compensate Division I Coaches

In August 2016, the national sports media provided details regarding the compensation package for Coach Jim Harbaugh at the University of Michigan. It comes as no surprise to anyone that Division I football and basketball...more

Recent NLRB Decisions Affect Private Education

With summer over and school back in session, two recent National Labor Relations Board (“NLRB”) decisions affecting the education industry ensure that students aren’t the only ones with homework to do this fall. On...more

CFPB enters into consent order with for-profit college owner

The CFPB announced that it has entered into a consent order with Bridgepoint Education, Inc., the owner of two for-profit colleges, to settle charges that the company’s representatives engaged in deceptive acts or practices...more

NCAA Faces New Class-Action Concussion-Related Lawsuits

The National Collegiate Athletic Association (“NCAA”) was hit with seven new concussion-related class action lawsuits on August 31, 2016. The new lawsuits increase the total number of lawsuits filed since May 2016 to 22...more

NLRB Considers Graduate Students “Employees” and Permits Union Organizing

The National Labor Relations Board (“NLRB”) reversed long-standing precedent in a recent decision involving graduate students, expanding the numbers of employees that may organize into unions. In Columbia University, the ...more

NLRB Raises Price of College Tuition

In yet another reversal of precedent, the National Labor Relations Board has ruled that students who perform work for a university for which they are compensated can form and join labor unions under the National Labor...more

National Labor Relations Board Grants Student Assistants the Right to Unionize at Private Colleges and Universities

In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the National Labor Relations Act....more

The Trend Reverses: College Tuition Payments Shielded from Avoidance in Bankruptcy - Bankruptcy Court Rules in Favor of University...

It is the start of a new semester, and all across the country, parents are writing tuition checks to the colleges and universities that their children attend. Colleges accept the checks on behalf of the students, the tuitions...more

[Webinar] The Proposed Repayment Rate for Proprietary Schools (Proposed Borrower Defense Rule Series) - September 14th, 12:00pm...

Our final webinar will focus on the new repayment rate the Department proposes for proprietary institutions. We will examine in detail the methodology the Department suggests it would use, and the penalty associated with a...more

NLRB issues two key decisions affecting higher ed

On August 23, the National Labor Relations Board issued several decisions affecting unionization rights at private universities. In the first of these, Columbia University, the Board held that graduate and undergraduate...more

NLRB: Graduate, Undergraduate Teaching Assistants Are Employees Under NLRA

The National Labor Relations Board (NLRB or the Board) on Aug. 23, 2016, issued a 3-to-1 decision concluding that graduate and undergraduate teaching assistants at Columbia University are employees under the National Labor...more

NLRB Permits Graduate Students to Unionize at Private Institutions

On August 23, 2016, in a 3 to 1 decision, the National Labor Relations Board (NLRB) issued a ruling that renders graduate student assistants "employees" for the purposes of unionization, overturning a standard that previously...more

Back to School: NLRB Takes Aim at Colleges and Universities

Seyfarth Synopsis: The National Labor Relations Board issued three important decisions this week that will significantly impact private colleges and universities....more

NLRB Rules that Student Assistants Can Unionize; Debate May Now Shift to Whether They Should

In a sweeping decision issued on August 23, 2016, the National Labor Relations Board reversed its 2004 holding in Brown University that graduate students are not employees under the National Labor Relations Act. The Board...more

NLRB Holds Student Assistants Who Have a Common-Law Employment Relationship With a Private University Are "Employees" Under The...

In an August 23, 2016, decision, Trustees of Columbia University, 364 NLRB No. 90 (2016), the National Labor Relations Board (NLRB) overruled existing precedent and held that student assistants, who have a common-law...more

NLRB Decides Private University Teaching and Research Assistants Can Unionize

Continuing a recent trend of upending long-standing decisions, the National Labor Relations Board ruled yesterday that student teaching and research assistants at private colleges and universities are statutory employees who...more

NLRB: Student Assistants Now Employees Entitled to Unionize

The National Labor Relations Board has ruled in a 3-1 decision that graduate students at private, nonprofit higher education institutions "who perform services at a university in connection with their studies are statutory...more

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