Colleges

News & Analysis as of

Restoring the Balance: Lessons from the Human Rights Appeal of Mihaly v Association of Professional Engineers and Geoscientists of...

We had earlier provided clients with a brief summary of the Mihaly decision on January 27, 2016. This article is a follow-up and includes some of the top lessons for regulators and their legal counsel. When it comes to...more

Bard Whistleblower Settlement Highlights Potential Risks for Higher Education Institutions

Bard College recently entered into an agreement with the United States to pay $4 million to settle a whistleblower suit alleging violations of the False Claims Act. Bard is a non-profit liberal arts institution founded in...more

Does The NLRB Have Jurisdiction Over Your University?

Although a religious college recently scored a victory in its battle against unionization, the legal decision and the proceedings that led to that decision could be somewhat troublesome for your educational institution. All...more

Bathrooms, Cakes, Wedding Poetry and DJs—Delving Into the North Carolina and Mississippi Laws on Transgender Issues

In the last several weeks, North Carolina and Mississippi have passed laws about transgender rights that have garnered headlines across the country. Although both touch on issues of transgender rights, they are actually very...more

Open Communication and Collaboration Make Campus Networks Vulnerable to Cyberattack

Institutions of higher education face growing threats from cyber attackers. Instances of attacks on universities are increasing, with recent large-scale attacks at some of the country's top universities. Approximately one...more

4 takeaways for higher ed from the Alaburda student lawsuit verdict

Last week a California jury rejected a law school graduate’s claim that her alma mater falsified graduate-employment data in the much-anticipated Alaburda v. Thomas Jefferson School of Law trial. The lawsuit was filed on May...more

Alert: Negotiations on New Defense to Repayment Rules Fail: It's All Up to ED Now

Following a highly charged, often contentious three days of debate, the third session of the Negotiated Rulemaking on Borrower Defense to Repayment (DTR) ended as it started, without consensus. The Department of Education...more

More Money, More Problems? – The Rise of Compensation and Expectations for College Coaches

This is the second installment of a series regarding legal issues affecting college athletics that will run during this year’s NCAA basketball tournament. It is no secret that the salaries of coaches of high profile...more

Senate Likely to Address Higher Education Bills Next Week

Next week, the Massachusetts Senate is likely to address legislation that will have an impact on higher education institutions in Massachusetts, their students and financial institutions extending loans to such students. ...more

Cyber Crime in Higher Education

With each passing year, higher education becomes a more vulnerable target of cybercrime. Symantec’s 2015 Internet Security Threat Report indicates that education is the third most frequently breached of the public or private...more

The Regulator Knows Best: British Columbia Court of Appeal Upholds Bylaws Prohibiting Customer Incentive Programs

In Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41, the British Columbia Court of Appeal determined that it was reasonable for the College of Pharmacists to prohibit pharmacists from using...more

A Look Beyond the Madness – Revisiting The Standing Of And Protections For Student-Athletes

This is the first installment of a series regarding legal issues affecting college athletics that this blog will run during this year’s NCAA basketball tournament. Two horrible March Madness brackets ago, we analyzed the...more

Congressional Hearing Examines Free Speech and Tax Constraints on Campus Political Activity

Campuses across the country are wrestling with how free speech, tolerance, diversity and politics mix in a higher education environment. Recently, the Oversight Subcommittee of the House Ways and Means Committee examined the...more

SC Public Policy Update - March 2016

What's New - SENATE - Extended debate on the South Carolina Infrastructure Finance Reform and Tax Relief Act (H. 3579) ended this week in the Senate when lawmakers passed the highly contested bill by a vote of...more

Does your compliance program bear the hallmarks of excellence? 7 steps to support your program's maximum effectiveness

Colleges and universities face the daunting task of keeping pace with an ever-evolving landscape of regulation. Institutions need to ensure they are complying with the law, avoiding government intervention and fines,...more

NCAA, Colleges Defeat FLSA Lawsuit Claiming Student-Athletes Are Employees

Last week, an Indianapolis federal court dismissed the NCAA and more than 100 Division I schools from a lawsuit that claimed student-athletes should be entitled to minimum wage and overtime payments for the athletic "work"...more

Drones on campus: What higher ed needs to know

The use of unmanned aircraft systems (“UAS” or drones) has grown by leaps and bounds over the last several years, and this explosion has reached college campuses. Drones are being used for research and development, academic...more

Congress Inquires About College and University Endowments

US House Committee on Ways and Means and US Senate Committee on Finance issue joint letter to colleges and universities with endowments greater than $1 billion. On February 8, the US Senate Committee on Finance and the...more

Agencies Confirm that Certain Student Health Insurance Subsidies for Student Employees May Violate the Affordable Care Act

Colleges and universities often offer to subsidize the cost of health coverage for student employees, either through the purchase of an individual health insurance policy or through a “premium reduction arrangement” designed...more

SLAM DUNK: Student Athletes’ Wage Suit Against NCAA And Universities Is Dismissed

A federal judge in Indiana dismissed yesterday all that remained of a lawsuit filed by student athletes, alleging that they were “employees” and therefore entitled to the minimum wage under the Fair Labor Standards Act....more

Issue 99: Transition Relief for Student Health Plans and Other ACA Issues Impacting Student Employees

This is the ninety-ninth issue in our health care reform series of alerts for employers on selected topics in health care reform. This series of Health Care Reform Management Alerts is designed to provide a more in-depth...more

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are...more

Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

Federal Government Remains Focused on Title IX Compliance

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's...more

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