Colleges

News & Analysis as of

California Adopts Unprecedented “Yes Means Yes” Law, Changing the Way Colleges Must Investigate Sexual Assault Allegations

On September 28, 2014, California Governor Jerry Brown announced that he had signed SB967, the so-called “Yes Means Yes” bill into law, effectively changing the definition of “consent” for sexual partners on California...more

U.S. Department of Education Promulgates Final Regulations Implementing Recent Clery Act Amendments

The U.S. Department of Education has issued final regulations implementing changes made to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“the Clery Act”) by Section 304 of the Violence...more

Higher Education Compliance and the Scourge of Campus Sexual Assaults

Chief Compliance Officers who lament the challenges of their jobs should be thankful they are not in charge of compliance for higher education institutions. The culture of compliance has extended into many high-risk areas but...more

Boston Ordinances Proposed to Address Student-Athlete Safety and Scholarships - Ordinances May Lead Other Cities and States to...

The Boston City Council has entered the ongoing national debates and reform efforts concerning collegiate student-athlete issues, including safety and scholarships. Colleges and universities across the United States, athletic...more

Former OSU Band Director Files Title IX Lawsuit After Being Terminated By University

Over the past year, an exceptional number of colleges and universities have been accused (by both complainants and alleged wrongdoers) of mishandling complaints of sexual assault and sexual harassment in violation of Title...more

When Xs and Os Go Awry: Recent College Coach Lawsuits Emphasize the Importance of Good Contract Language Even for "Intramural"...

The recent flurry of scandals in professional sports, particularly those from the NFL that dominated headlines in recent weeks, are not without their counterparts in the college ranks. Indeed, in the past year there have been...more

Court Affirms $3M Jury Award In Illinois Whistleblower Action

On August 28, 2014, Judge James McCarthy issued a decision in Crawley v. Chicago State University, Case No. 10 L 12657 (Cook County, Ill., Law Div.), affirming payment of over $3 million to Plaintiff James Crowley...more

The impact of new gainful employment regulations on… Harvard?

As many in higher education are aware, on March 25 of this year, the U.S. Department of Education released proposed regulations concerning what it terms “gainful employment” or “GE” programs. In the Department’s view, these...more

Why colleges in bankruptcy should have access to federal financial aid

With the reauthorization of the Higher Education Act (HEA) in full swing, the time is ripe for Congress to reconsider current laws prohibiting postsecondary institutions that declare bankruptcy from participating in the...more

Title IX And Sexual Assault On Campus

In January this year, President Obama created the Task Force to Protect Students From Sexual Assault to provide colleges and universities with recommendations to prevent and respond to sexual assault and enhance efforts to...more

“Accountability, Transparency, and Integrity” — NACAC Amends Statement of Principles and Issues Guide for Use of International...

Last September, during its 2013 National Conference, the National Association for College Admission Counseling (NACAC) approved a change to its Statement of Principles of Good Practice that would allow member colleges and...more

Governor Andrew Cuomo Proposes Plan to Combat Sexual Assault on SUNY Campuses

Governor Andrew Cuomo and the State of New York are the latest players to join the nation-wide movement to reduce the number of sexual assaults occurring at the country’s colleges and universities. On Thursday, October 2,...more

Restructuring in Higher Education

Since 2011, there have been an increasing number of restructurings in higher education. What may have started with the foreclosure and sale of ATI Schools and Colleges has continued this year with last month’s conversion of...more

The Affordable Care Act: Focus on Adjunct Faculty

The concepts of “hours of service” and “full time” loom large in the Affordable Care Act’s “employer shared responsibility” mandate (also known as the “employer mandate” or “pay or play mandate” and which we discussed in...more

New Paper On the Merits of a Three-Year Bachelor’s Degree

On September 17, 2014, the Progressive Policy Institute issued a new paper entitled “Give Our Kids a Break: How Three-Year Degrees Can Cut College Costs.” The paper, written by Paul Weinstein Jr. who, in addition to being a...more

Student and Alumni Litigation

In This Issue: - Unionization of Students ..The New Meaning of “Student Union” ..Overview of Labor Laws and Organized Labor ..Unionization of Graduate Students ..The Northwestern University Case ...more

Student and Alumni Litigation  [Video]

Pepper-Freeh Group Higher Education Webinar Series Join attorneys from the Education Counseling, Litigation and Investigation Services of Pepper Hamilton LLP and Freeh Group International Solutions, LLC for a review of...more

New California Law Requires Publication of Accreditation Documents

On September 17, 2014, California Governor Jerry Brown approved Assembly Bill No. 2247. As explained by the Senate Bill Digest, this law “requires all campuses of every public and private postsecondary education institution...more

Great Article of the State of Things with the College Rating System

As we have reported a few times, the U.S. Department of Education (Department) is currently working on college rating system. Libby Nelson, formerly of Politico and now the education reporter with Vox, has a great new piece...more

New Title IX Guidance Issued by White House

As part of the “Not Alone” campaign focusing on preventing sexual assault and violence, the White House released new guidance documents as part of “It’s On Us,” a new education campaign that seeks to “engage college students...more

One More Set of College Rankings

While we try and keep it fairly informative here at Eduction Industry Reporter (EIR), I thought this set of college rankings – from TheOnion – was worth passing on....more

Parties Seek Expedited Answers on Changes to College Sports

As we discussed in more detail in our previous article, the extent to which the O’Bannon decision, which found that the NCAA operates as a “cartel” that restrains college athletics, will impact college sports largely comes...more

North Carolina ABC Legislative Wrap-Up 2014

The 2014 legislative short session adjourned on August 20, 2014. The General Assembly passed several bills affecting alcoholic beverages in North Carolina. Significant provisions of those bills are summarized below....more

Department of Education Releases Updated Gainful Employment Template

While higher education waits for the final version of the gainful employment rule, the U.S. Department of Education recently released an updated template for disclosures required under the existing gainful employment rule. ...more

Department of Education Extends CDR Relief to Schools With Borrowers Facing “Split Servicing”

In advance of the release of the official FY2011 Cohort Default Rate (CDR) data, the U.S. Department of Education (Department) announced that the Department has “adjusted how it calculates CDRs for any institution that...more

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