Colleges

News & Analysis as of

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Higher Education Highlights - Summer 2014

In This Issue: - Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions - Supreme Court Asked If State Universities Are Exempt From...more

Who pays when the authorities come calling? Syracuse Univ. v. National Union Fire Ins. Co. of Pittsburgh, P.A.

With the seemingly endless stream of federal and state investigations implicating institutions of higher education, a recent New York decision offers a glimmer of hope to those schools that find themselves in the cross-hairs....more

Foreign Tax-Exempt Organizations Exempt from Withholding Tax

Investment funds, including private equity funds, often receive capital contributions from tax-exempt organizations. These tax-exempt institutions may include U.S. and foreign pension funds, as well as U.S. and foreign...more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Proposed Regulations Regarding Amendments to the Violence Against Women Act Impose Significant New Obligations on Colleges and...

On June 20, 2014, the U.S. Department of Education issued proposed regulations regarding Amendments to the Violence Against Women Act of 2013. While the final regulations may possibly differ in some respects, we recommend...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Capital Thinking: Education

Higher Education Act Draft Legislation - Senate Health, Education, Labor and Pensions Committee Chairman Tom Harkin (D-IA) will release a package of Higher Education Act (HEA) proposals this week. The package will...more

Supreme Court Deals Affirmative Action Another Blow, But Impact on Colleges and Universities Likely Limited

The U.S. Supreme Court continued its decade-long interest in the role of affirmative action in the higher education admissions process, and decided to uphold a state law banning the practice. In Schuette v. Coalition to...more

New Florida Law Gives In-State Tuition to Certain Undocumented Students

On June 9, 2014, Florida Governor Rick Scott signed a bill allowing certain Florida students without a lawful immigration status to receive in-state college tuition rates. The new law will go into effect on July 1, 2014. ...more

Department of Education proposal on campus financial products expected in July

We recently commented that financial institutions offering financial products to college students, including debit or prepaid cards, under agreements with colleges should be planning now for the possible advent of new...more

Department of Education Proposes New VAWA/Campus SaVE Act Regulations

On June 20, 2014, new proposed regulations targeting sexual assault, domestic violence, dating violence and stalking were published in the Federal Register. The draft regulations implement changes made to the Clery Act by the...more

Repairing The Parent Child Relationship When College Is An Issue

In New Jersey, a parent has an obligation to contribute to his or her child’s college education. There are a number of factors that a Court typically considers when determining the amount of the contribution. The primary...more

8 Steps to Ensure Campus SaVE Act Compliance by October 1

On October 1, colleges and universities submitting their Annual Security Reports (ASRs) under the Clery Act must also comply with the requirements of the Campus Sexual Violence Elimination Act (Campus SaVE Act). As part of...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

Higher Ed False Claims Act Suits – Pass or Fail?

Career Education Corporation, like a host of other for-profit education companies, has found itself spinning on the courthouse revolving door. The latest legal challenge for CEC: a False Claims Act suit filed in federal court...more

Illinois Supreme Court to Decide If Academic Can Halt Investigation by Suing in Circuit Court

In the closing days of its May term, the Illinois Supreme Court agreed to decide whether an academic at the University of Illinois could obtain injunctive relief from the Circuit Court to halt an ongoing University...more

The Changing Faces of Unions, Part II

As if to accentuate the timeliness of last week’s post on the surge in non-traditional union organizing, adjunct faculty organizing in the Twin Cities has been in the news again this past week. The Service Employees...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

Seventh Quarterly Report Of The Independent Athletics Integrity Monitor Pursuant To The Athletics Integrity Agreement Among The...

This is the seventh quarterly report of the independent athletics integrity monitor (“Monitor”) pursuant to section III of the Consent Decree between the National Collegiate Athletic Association (“NCAA”) and The Pennsylvania...more

Expect Stricter Scrutiny of Foreign Student Enrollment and Work Authorization Programs in 2014

In light of both a recent Government Accountability Office report on the Department of Homeland Security’s (DHS) Optional Practical Training (OPT) program as well as the newly-launched Student and Exchange Visitor Program...more

Illinois Attorney General Files UDAAP Action Against For-Profit College

The Illinois Attorney General, who filed suit two years ago under the Illinois Consumer Fraud and Deceptive Business Practices Act against a group of entities related to for-profit college financing, amended its complaint to...more

What Are College and University Presidents Thinking?

Inside Higher Education recently issued its 2014 Survey of College and University Presidents, conducted by Gallup, and it makes for some very interesting reading. The survey results are based on responses from 846 college...more

College Coaching Comebacks Petrino and Pearl Get Second Chances: The Moral(s) of the Story

Bobby Petrino seems to turn every team that he coaches into a winner – and a cash cow. After Petrino took over the Louisville Cardinals in 2003, he increased the team’s revenue from $10 million to $19 million in just three...more

Illinois AG wins motion to add Dodd-Frank UDAAP claim to complaint against for-profit college

Earlier this month, an Illinois state court granted the motion of the state’s Attorney General to further amend her complaint in a lawsuit filed against a for-profit college and its owners to add new counts alleging that the...more

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