Colleges

News & Analysis as of

Faculty Can Unionize Absent Actual Managerial Control, NLRB Decides

Last week, the National Labor Relations Board (NLRB or Board) revised its standard for determining when faculty members can unionize. Although the decision is expected to be appealed, it undoubtedly will open the door to a...more

The National Labor Relations Board Strikes Again – How Managerial Are Your Faculty and How Religious Is Your Institution?

In the latest example of dramatic changes to well-developed principles of federal labor law and policy, the National Labor Relations Board (“NLRB” or “Board”) issued its long awaited decision in Pacific Lutheran University,...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

Michigan Passes Student-Athlete Union Ban

Michigan is poised to officially ban student-athletes at public colleges and universities from forming or joining a labor union. Gov. Rick Snyder is expected to sign the recently passed bill into law by the end of the year. ...more

CFPB report highlights inadequate disclosure of campus financial products

In its fifth annual report on college credit card agreements, the CFPB takes financial institutions as well as colleges and universities to task for failing to adequately disclose their marketing agreements for campus...more

The Market for Law School Applicants -- A Milestone to Remember

In early 2013, Michael Moffitt, the dean of Oregon Law, was interviewed by the New York Times about the tumult affecting law schools. Moffitt, who is a very thoughtful guy, reponded, "I feel like I am living a business school...more

University of Virginia Suspends All Fraternities Amid Report of Sexual Assault Allegations

Just days after Rolling Stone published an article detailing the alleged sexual assault of a freshman student by seven men inside a fraternity house, the President of the University of Virginia, Teresa A. Sullivan, in a...more

The President’s immigration orders: 5 measures that will impact higher ed

As employers and educators of hundreds of thousands of foreign nationals each year, U.S. colleges and universities will be uniquely impacted by President Obama’s new actions targeting the U.S. immigration system....more

NCAA Appeals Ruling on Compensation for Student-Athletes

On November 14, 2014, the National Collegiate Athletic Association (NCAA) submitted its initial brief to the Ninth Circuit Court of Appeals challenging the Northern District of California’s August decision that the NCAA’s...more

Division I Athlete Commences Collective Action Seeking Pay For Play

A complaint recently filed in the Southern District of Indiana alleges that the NCAA and its Division I Member Schools have jointly agreed and conspired to engage in a widespread pattern, policy, and practice of failing to...more

How to project gainful employment rates - Part 1

On October 31, the U.S. Department of Education promulgated its new “gainful employment” or “GE” regulations. As we discussed in a prior post, the new rules apply to all programs offered by for-profit, proprietary...more

Illinois Supreme Court Debates Scope of Court Authority Over Academic Investigations

During its September term, the Illinois Supreme Court debated the scope of courts’ authority to intervene in academic investigations at the University of Illinois in order to require University officials to follow their own...more

Amended Clery Act Regulations Mandate New Disclosures and Procedures

The Department of Education has published new regulations interpreting and applying the newly modified Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act). The rules include a...more

Former College Athlete Claiming Temporary Employee Status Sues NCAA Because She Wasn’t Paid Minimum Wage

A former soccer player from the University of Houston, Samantha Sackos, has filed a putative class action in the Southern District of Indiana against the National Collegiate Athletic Association (NCAA) and all NCAA Division I...more

S734- Regulatory Reform Act of 2014

The Regulatory Reform Act, SB 734, went into effect on September 18, 2014. It includes provisions that allow colleges with brewing programs to obtain licenses to begin selling beer produced during the program to wholesalers...more

Health Care Reform Challenges for Educational Institutions

Educational institutions will face some unique challenges as the Affordable Care Act's “employer shared responsibility” requirement becomes effective next year. Beginning January 1, 2015, large employers that do not offer...more

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

What Concerns College and University Human Resources Officers?

A few weeks ago, Inside Higher Ed issued its 2014 Survey of College and University Human Resources Officers. Like Inside Higher Ed’s other surveys, this one provides very interesting reading. Among the topics covered...more

Department of Education releases new gainful employment regulations

On October 30, the Department of Education published a new set of regulations detailing what it means to be providing an education program that leads to gainful employment in a recognized occupation. This “Gainful Employment...more

U.S. Department of Education Publishes Final Campus Security Rules

The U.S. Department of Education (DOE) published final regulations implementing the Violence Against Women Reauthorization Act of 2013 (VAWA), including the Campus Sexual Violence Act (Campus SaVE). The regulations were...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...more

Community College Allowed to Proceed with Complaint of Over Abatement of Property Taxes

The Illinois Appellate Court recently allowed Illinois Valley Community College District No. 513 and several county governments to proceed with a complaint challenging the administration of a property tax abatement. At issue...more

Alert: Major Changes in California's Regulation of Private Postsecondary Institutions

California recently enacted a new law that will significantly alter the regulation of many in-state and out-of-state postsecondary institutions. The new law will have an immediate impact on a number of issues, and it signals...more

Aggie-ravating Trademark Issues with College Mascots

Colleges serve an important role in American society, providing education, experience and leadership to each new generation. Also, sports. And did I mention SPORTS? Regardless of the reason (cable?), college sports have...more

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