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Department of Education Issues Guidance on Changes to Clery Act Reporting Procedures and Requirements

On July 14, 2014, the U.S. Department of Education (DOE) issued important guidance to colleges and universities on their responsibilities to comply with changes to the Clery Act made by the amendment to the Violence Against...more

University of Texas’s Use of Race In Student Admissions Survives Another Legal Hurdle

The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v....more

Fifth Circuit Issues Important Ruling on Affirmative Action in Higher Education

Earlier this week, in Fisher v. University of Texas, a divided panel of the U.S. Court of Appeals for the Fifth Circuit upheld the constitutionality of the undergraduate admissions program at the University of Texas at...more

Report Shows Colleges Don’t Do Enough to Prevent and Respond to Sexual Violence

On July 9, a U.S. congressional subcommittee issued a report that assessed how colleges and universities are doing in reporting, investigating and responding to sexual violence. Senator Claire McCaskill commissioned the...more

Guidance Regarding Compliance with Changes to Clery Act Made by VAWA Before Final Regulations Become Effective

Earlier this week, the U.S. Department of Education’s Office of Postsecondary Education (DOE) released guidance designed to assist institutions of higher education in determining how to comply with the Violence Against Women...more

Who Got It Right?

Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf...more

Wells v. Xavier University: Investigating Campus Sexual Assaults and The Perils of Predetermination Under Title IX

The recent wave of Title IX complaints filed with the United States Department of Education’s Office for Civil Rights [“OCR”], claiming that colleges and universities were either ignoring or mishandling reports of sexual...more

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

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