News & Analysis as of

Educational Institutions

2017 Security Breaches: Frequency and Severity on the Rise (Updated)

by Revision Legal on

We periodically update this post with recent data breach statistics. Now that we’re into the final quarter of 2017, it’s time to look back at the largest data breaches of 2017. This was originally published in December,...more

eSports on the Rise as Collegiate Sport

Across the country, colleges and universities are turning to eSports as a new addition to their athletic programs. Earlier this year, the University of Utah became the first school from a major athletic conference to offer...more

UC Merced Celebrates One-Year Anniversary of Groundbreaking for 2020 Project

by Nossaman LLP on

This week, the Regents of the University of California and the University of California, Merced are celebrating the one-year anniversary of groundbreaking for the $1.3 billion, 1.2 million GSF UC Merced 2020 Project (the...more

Plan Fee Litigation: Protecting Fiduciaries

by Burns & Levinson LLP on

Targeting Educational Institutions - Since August, 2016, sixteen institutions of higher education with large retirement plans have become targets of federal lawsuits for breach of fiduciary duty under ERISA. To date, the...more

Protecting Student Data: Student Privacy Requirements and Guidelines for Post-Secondary Institutions

by Reed Smith on

Technology plays an increasingly important role in the learning experience for students from kindergartners through college and beyond. It also improves the student interaction with learning materials and provides educators...more

U.S. Department of Education Revises Guidance Concerning Campus Sexual Misconduct

by FordHarrison on

Title IX of the Education Amendments of 1972 (Title IX) and its corresponding regulations prohibit sex discrimination in education programs or activities conducted by educational institutions that receive federal financial...more

Department of Education Rescinds Obama-era Title IX Guidance Document

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

Department of Education Rescinds Obama-Era Title IX Guidance Documents, Introduces New Q&A on Campus Sexual Misconduct

by Hogan Lovells on

On September 22, the U.S. Department of Education Office for Civil Rights issued a Dear Colleague Letter withdrawing the statements of policy and guidance reflected in two key documents about Title IX and sexual violence...more

U.S. Department of Education Office of Civil Rights’ jurisdiction in Title IX cases

The Issue - The Office of Civil Rights’ (OCR) jurisdiction is broad. If an institution receives federal funds, to include student financial aid and grants, it is subject to Title IX and OCR’s authority. The most public, and...more

Merced and LA Mayor Win Big at P3 Awards

by Nossaman LLP on

The UC Merced 2020 Project was a big winner at P3 Bulletin’s annual P3 Awards ceremony held in Washington D.C. last month, claiming the Gold Award for Best Social Infrastructure Project, along with the Silver Award in the...more

Four “Red Flags” Schools Should Address in Title IX Sexual Violence Polices

by Pessin Katz Law, P.A. on

On September 22, 2017, the U.S. Department of Education issued new Interim Title IX Guidance providing Questions and Answers on Title IX sexual violence. Significantly, the new guidance withdraws the April 4, 2011 Dear...more

New Timeline for Responding to Student Records Requests

by Franczek Radelet P.C. on

Governor Rauner recently signed into law changes to the Illinois School Student Records Act. The changes in P.A. 100-532 create new procedures for responding to parents’ requests to inspect or copy their child’s permanent and...more

Suicide Prevention in Schools - New Law Requires Schools to Adopt Suicide Prevention Policies, BB&K Attorney Dorothy McLaughlin...

by Best Best & Krieger LLP on

Suicide is among the top ten leading causes of death in the United States. For those in high stress industries, such as attorneys, the topic of suicide is an evolving, uncomfortable conversation that has led to a more open...more

DOE Announces Intention to Revise Title IX Campus Sexual Misconduct Investigation Requirements

As we suggested in our February 2017 blog post, the future of Title IX application in our institutions is in flux. The Department of Education Office for Civil Rights rescinded the Obama era 2011 Dear Colleague Letter and...more

DOE Rescinds Prior Guidance on Title IX and Sexual Violence, Issues Interim Advice on Campus Sexual Misconduct

by Littler on

On September 22, 2017, the U.S. Department of Education (DOE) rescinded its April 4, 2011 Dear Colleague Letter regarding sexual assault and its April 29, 2014 Questions and Answers on Title IX and Sexual Violence.1 This is...more

DOE’s New Q&A On Campus Sexual Misconduct Increases Flexibility For Schools

by Fox Rothschild LLP on

Announcing several significant policy changes in the handling of sexual misconduct on college campuses, the U.S. Department of Education has published a new Q&A that replaces guidance issued by the Obama...more

U.S. Department of Education Issues New Interim Title IX Guidance

by Clark Hill PLC on

On Friday, September 22, 2017, the U.S. Department of Education ("the Department") issued new interim guidance on sexual misconduct under Title IX. The guidance is in advance of rulemaking by the Department on Title IX...more

OCR Withdraws Obama-Era Title IX Guidance

by Ballard Spahr LLP on

On September 22, 2017, the U.S. Department of Education's Office for Civil Rights (OCR) issued a "Dear Colleague Letter" that withdrew two key Title IX documents issued during the Obama administration—a Dear Colleague Letter...more

New OCR Title IX Dear Colleague Letter Withdraws Obama Era Guidance

by Franczek Radelet P.C. on

Late last week, Secretary of Education Betsy DeVos announced the intention of the Department of Education to overhaul the way it addressed sexual misconduct on college and university campuses, as well as in K-12 schools. As...more

DOE Replaces Obama Title IX Guidance with New, Interim Q&A Document

by Baker Donelson on

As predicted in our previous update, the Office for Civil Rights (OCR) of the U.S. Department of Education (DOE) rolled out its first wave of changes to the Obama Administration's Title IX guidance on Friday, September 22....more

Blog: ED’s New Audit Guide – 90/10 Compliance

by Cooley LLP on

As with many other areas of financial aid management discussed in our prior posts, the audit requirements relating to compliance with the “90/10 Rule” have increased significantly in ED’s new Audit Guide. These new...more

U.S. Department of Education Withdraws Prior Title IX Guidance and Issues Interim Guidance on Sexual Misconduct

by Shipman & Goodwin LLP on

Last Friday, in advance of the public rule-making process concerning schools’ Title IX responsibilities, the U.S. Department of Education rescinded its current Title IX guidance concerning sexual harassment and violence....more

U.S. Education Department Issues Interim Guidance on Campus Sexual Assault

Friday, Sept. 22 was an eventful afternoon for Title IX compliance. The U.S. Education Department officially withdrew the core sexual misconduct guidance documents issued during the Obama administration: the 2011 Dear...more

Department of Education Rescinds Obama Era Guidance on Sexual Harassment & Provides Interim Rules

by Miller Canfield on

The U.S. Department of Education Office of Civil Rights ("OCR") this morning formally rescinded its April 4, 2011, Dear Colleague Letter as well as the April 29, 2014, Questions and Answers on Title IX and Sexual Violence....more

Title IX Directives to Schools for Handling of Sexual Misconduct Claims Rescinded

by Barley Snyder on

The U.S. Department of Education issued interim guidance addressing how the Office of Civil Rights will assess Title IX compliance when schools process claims of sexual misconduct, including peer-on-peer sexual harassment and...more

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