Colleges

News & Analysis as of

Will the New Administration Trump Columbia University?

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

NLRB General Counsel Looks to Expand Reach of Federal Labor Law to Private Colleges and Universities; Believes that Scholarship...

Since 2014, the National Labor Relations Board has issued three significant decisions related to union organizing at private universities: Pacific Lutheran University; Columbia College; and Northwestern University. ...more

D.C. Circuit hears oral argument on CFPB authority to issue CID to college accrediting organization

Last week, the D. C. Circuit held oral argument in the CFPB’s appeal from the D.C. federal district court’s April 2016 ruling that the CFPB exceeded its statutory authority when it issued a CID to the Accrediting Council for...more

Title IX Update: February 2017 - Recent Title IX Developments

Elmira College – December 2016 OCR recently released a Resolution Letter and Resolution Agreement in relation to a complaint filed with OCR against Elmira College. While noting in its Press Release that “Elmira College...more

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard...more

NLRB General Counsel Issues Report on NLRA Protections For Faculty and Students

Seyfarth Synopsis: In a last minute attempt to leave his mark on the NLRB, the Board’s outgoing General Counsel issued a report attempting to expand the rights of university faculty and students, including scholarship...more

NLRB General Counsel Concludes Division I Scholarship Football Players are Employees under Labor Law

Scholarship football players in Division I FBS private sector colleges and universities are employees under the National Labor Relations Act, National Labor Relations Board General Counsel Richard F. Griffin has concluded....more

State AGs Intervene in For-Profit College Accreditor Lawsuit

The attorneys general from five states and Washington, D.C. recently filed a motion to intervene in a federal lawsuit involving the Accrediting Council for Independent Colleges and Schools (“ACICS”), which is pursuing a case...more

What President Trump’s Travel Ban Means for Colleges and Universities

On January 27, 2017 President Trump signed an Executive Order (“EO”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States”. Given the diverse composition of colleges and universities, which...more

President Trump’s Travel Ban: How the Executive Order is Affecting Colleges and Universities

On Friday, January 27, 2017, President Trump signed an executive order on immigration, which bars Syrian refugees from entering the United States indefinitely, suspends all refugee admissions under the U.S. Refugee Admissions...more

Governor Kasich Releases $144 Billion State Budget Proposal - What You Need to Know

Yesterday, Governor Kasich released the executive version of the state’s two-year operating budget (Fiscal Years 2018-2019), which includes proposed spending of over $144 billion during the biennium. Similar to his previous...more

Keyword Advertising Decision Reversed on Appeal

In August 2015 we reported on the decision of the British Columbia Supreme Court (“BCSC”) in Vancouver Community College v Vancouver Career College (Burnaby) Inc, 2015 BCSC 1470. That decision was notable in Canadian...more

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

New DHS Rule Extends H-1B Cap Exemptions

One of the biggest drawbacks for employers trying to utilize the H-1B visa program is the numerical cap. The current law limits the number of H-1B visas available to 65,000 annually with an additional 20,000 available to...more

Title IX Investigations in Need of Reform

How much of the failure to grasp current controversies over campus Title IX investigations come from seeing two sides even though they are demanding similar measures? Many from both camps, seemingly in frustration, suggest...more

[Webinar] New Audit Guidelines for Higher Educational Institutions - February 1st, 11:00am CT

On Wednesday, February 1, Mike Wherry, a CPA with 25 years of experience in the public sector to postsecondary schools will join Aaron Lacey in presenting a webinar focusing on the four main changes that were issued in the...more

Perspectives for the Professions: Case Summary: Third Party Accreditation

B.C. College of Optics Inc. v. The College of Opticians of British Columbia, 2016 BCCA 85, allowing an appeal of the lower Court’s finding that the regulator could not require a third-party assessment of a training program as...more

Perspectives for the Professions - January 2017: Case Summary: Test for Interim Conditions

Scott v. College of Massage Therapists of BC, 2016 BCCA 180, allowing an appeal of the lower Court’s decision to quash an interim condition on practice. A massage therapist was the subject of a complaint that he had...more

College Pays Bitcoin Ransom to Unlock Encrypted Data

The scourge of “ransomware”—malicious computer viruses that prevent entities from accessing their own data until they pay a ransom—has spread to the higher education sphere. In early January 2017, a California public...more

Los Angeles Community College Pays Ransomware to Retrieve Data

On December 30, 2016, the Los Angeles Community College computer network was kidnapped by cyber criminals requesting a ransom for its return. The ransomware encrypted the college’s entire network system, including...more

Increasing Ransomware Attacks in Higher Education

Malicious “ransomware” attacks — where a hacker takes control of the victim’s information systems and encrypts data, preventing the owner from accessing it until the victim pays a sum of money — are on the rise against...more

Title IX Update: January 2017 - Recent Title IX Developments

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

Governor Cuomo Announces Tuition-Free College in New York

Last Tuesday, January 3, 2017, Governor Cuomo, with the support of Vermont Senator and one time presidential candidate Bernie Sanders, introduced a robust plan to offer tuition-free college educations to eligible New Yorkers....more

NCAA Athletes Aren’t Employees — Or Are They?

Several recent legal efforts have attempted to provide student-athletes with a piece of the financial pie resulting from events like Monday’s national championship game, which reportedly netted the NCAA around $470 million in...more

Game Over for NCAA Student Athletes Seeking Employee Status? 7th Circuit Affirms Dismissal of U. Penn Athletes’ FLSA Complaint

On December 5, 2016, the Seventh Circuit affirmed dismissal of a complaint filed by two University of Pennsylvania track and field athletes against the National Collegiate Athletic Association, the university, and more than...more

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