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Colleges

Higher Education Highlights - Summer 2017

by Saul Ewing LLP on

Professor Deprived of Due Process Through Salary Reduction - Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more

Office for Civil Rights Issues New Instructions on Transgender Student Complaints

by Holland & Knight LLP on

Changing course on complaints involving transgender students, the U.S. Department of Education's Office for Civil Rights (OCR) recently issued new field instructions to its regional staff excluding discrimination claims based...more

New York Institutions: Annual Certificates of Compliance With Education Law Articles 129-A and 129-B Due at NYSED by July 1

It’s that time of year again! Just a friendly reminder that New York colleges and universities must file their Article 129-A and Article 129-B of the Education Law Certification of Compliance with the New York State Education...more

Clarifying the status of Gainful Employment and Borrower Defense to Repayment

by Thompson Coburn LLP on

During the second term of the Obama administration, the U.S. Department of Education promulgated several complex regulatory packages. Among the most significant and controversial were the Gainful Employment (“GE”) rule,...more

Younger Abstention in Title IX Litigation: A Tale of Two Outcomes

by Saul Ewing LLP on

The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more

Six years after Penn State, has college athletics really reformed its crisis response?

by Thompson Coburn LLP on

In 2011, the world of higher education — and the entire nation — was rocked by the shocking revelation of the criminal actions of longtime Penn State defensive coordinator Jerry Sandusky. Equally shocking was the reaction...more

OCR Guidance Could Alter Scope of Pending and Future Civil Rights Investigations

by WilmerHale on

A memorandum obtained by ProPublica, if authentic, sets forth substantially revised guidance for civil rights investigations conducted by the U.S. Department of Education's Office for Civil Rights (OCR). The memorandum,...more

National College Players Association Urges Prospective Student-Athletes To Negotiate Scholarship Terms With Colleges

by Jackson Lewis P.C. on

The College Athletes Players Association (CAPA) and Executive Director Ramogi Huma’s (Huma) efforts to unionize the Northwestern University football team failed when the National Labor Relations Board refused to rule on the...more

City Colleges of Chicago Will Pay $60,000 To Settle EEOC Age Discrimination Lawsuit

College Refused to Hire Adjunct Professor for Full-Time Position Because of Her Age, Federal Agency Charged - CHICAGO - City Colleges of Chicago will pay $60,000 to settle a federal discrimination lawsuit filed by the U.S....more

NCAA Baseball Coach Fired After Only One Season Following Scholarship Controversy

by Jackson Lewis P.C. on

Alabama baseball coach Greg Goff was fired after one season at the helm of the Crimson Tide baseball program after a disappointing 19-34-1 overall record and a 5-24-1 record against Southeastern Conference...more

School Districts Taking Advantage of New H-1B Cap Exemption Regulations

by McNair Law Firm, P.A. on

With the increased focus on foreign language programs — particularly the popularity of immersion programs in which the foreign language is used for instruction rather than as the subject of instruction—schools districts are...more

Blog: California Assembly Recommends Eliminating For-Profit Institutions from Cal Grant Program

by Cooley LLP on

While there are indications that Washington has lessened its antipathy towards for-profit institutions, states continue to go in their own directions. This post focuses on the California Assembly’s recommendation to eliminate...more

Illinois Court Rules That College Foundation Documents Subject to FOIA

On May 9, 2017, the Illinois Appellate Court held that the College of Du Page Foundation (Foundation), a fundraising organization for the public College of Du Page (College), is subject to the state’s open records law. In...more

Grant and cooperative-agreement recipients: Are your procurement standards compliant yet?

by Thompson Coburn LLP on

Local governments, Native American tribes, institutions of higher education, or non-profit organizations (including health care organizations) that receive grants or cooperative agreements (or part of either type of Federal...more

110th Tennessee General Assembly Session Ends for 2017

The Tennessee Legislature completed its first session of the 110th General Assembly this Wednesday. The flag flying over the Capitol, signifying the body is in session, was taken down. The General Assembly will reconvene on...more

Appellate Court Holding Extends FOIA to College Foundation

by Franczek Radelet P.C. on

Recently the Second District Appellate Court issued an opinion holding that the Illinois Freedom of Information Act (FOIA) applied to certain records in the possession of the College of DuPage Foundation, a 501(c)(3) entity...more

Hot List – What’s Happening in the California Legislature 5/15-5/19

by Fisher Phillips on

Our weekly California Legislature “hot list” provides you with a preview of the bills that are up (as well as other important legislative action) the following week....more

The NLRB Opens the Door to Union Organizing Among Undergraduate Resident Advisors at Colleges and Universities

by Franczek Radelet P.C. on

In what will come as no surprise to even the most casual labor law observer, last Friday an Acting Regional Director for the National Labor Relations Board created a new inroad for unions to organize undergraduate resident...more

Leading Tax Counsel For College Athletes Advise They May Not Realize How Good They Now Have It

by Ropes & Gray LLP on

In this interview with the LEAD Association, tax partner Lorry Spitzer examines the tax implications of paying college athletes....more

D.C. Circuit Affirms Denial of the CFPB’s Investigation of a College Accrediting Organization

by Goodwin on

On April 21, 2017, the United States Court of Appeals for the District of Columbia Circuit affirmed the lower court’s decision denying the Consumer Financial Protection Bureau’s (CFPB) petition to investigate a college...more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Higher Education Associations...

by Bowditch & Dewey on

On March 3, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it is temporarily suspending premium processing of H-1B skilled worker visa applications for up to six months, beginning on April 3, 2017....more

Campus Counsel | Monthly Roundup Of Legal Issues In Higher Education: March 2017 Edition Summaries: Ineffective Remedial Measures...

by Bowditch & Dewey on

Institutions are shielded from liability under Title IX when they take timely and reasonable measures in response to claims of sexual harassment. However, institutions can be held liable for subsequent conduct if they fail to...more

How to Engage an Intern and Not End Up with an Employee

by Hirschfeld Kraemer LLP on

Welcome to the third article in our four-part Spring Series discussing important developments in California’s wage and hour laws that impact our higher education clients. Earlier, we provided a general overview of California...more

Don’t Be Unprepared For Student-On-Student Sexual Assault Allegations

by Fisher Phillips on

Many are aware of the alarming rise in the number of student sexual assaults on college campuses across the country. The May 2015 issue of JAMA Pediatrics reported that one in five women will be the victim of a sexual assault...more

Regional Accreditor Poised to Ban Incentive Compensation to Recruiters of International Students

The Middle States Commission on Higher Education has proposed the adoption of a policy that would prohibit Middle States-accredited colleges and universities from providing “incentive payment” (e.g., tuition sharing or per...more

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