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Liability Universities

Segal McCambridge

Free Speech – Where Do We Draw the Line

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In recent times, headlines have been dominated by instances where students, professors, and professionals engaged in inflammatory, anti-Semitic, racist, sexist, and offensive language. The fallout has led institutions to...more

Snell & Wilmer

Scope of FCA Liability Illustrated In Recent Actions Against Higher Education Institutions

Snell & Wilmer on

In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more

Troutman Pepper

Ninth Circuit: Universities May Be Liable Under Title IX for Off-Campus Assaults

Troutman Pepper on

In a fractured decision, an en banc panel of the U.S. Court of Appeals for the Ninth Circuit reinstated a former University of Arizona student’s Title IX lawsuit against the university. Vacating a divided three-judge panel’s...more

White and Williams LLP

Third Circuit finds Liability Under Title IX for Actions of Non-Students

Title IX of the Education Amendments Act of 1972 (Title IX) provides that “[n]o person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to...more

Steptoe & Johnson PLLC

Third Circuit Finds Title IX Applicable to Actions of a Third-Party Campus Visitor

Steptoe & Johnson PLLC on

In a case involving the murder of a student on campus by a visiting boyfriend, the Third Circuit Court of Appeals held that an institution may be liable under Title IX for its failure to address apparent harassment by a...more

Fisher Phillips

Make Sure Your Diversity Work is Consistent with Your Legal Obligations

Fisher Phillips on

Whether your school is aiming to be more diverse and inclusive or wanting to be in the best possible position to enforce religious tenets, it is important to consult with experienced independent or private school legal...more

Saul Ewing LLP

Pennsylvania House of Representatives Passes COVID-19 Liability Protections for Higher Education Institutions and K-12 Schools

Saul Ewing LLP on

In a second attempt to pass a COVID-19 liability shield, the Pennsylvania House of Representatives passed House Bill 605 on April 6, 2021. If signed into law, H.B. 605 would protect (among others) colleges, universities, and...more

BakerHostetler

Limits of State Action Protection for Colleges and Universities

BakerHostetler on

A recently filed antitrust complaint against Duke University (Duke) provides a fresh reminder for colleges and universities that the state action immunity doctrine is unlikely to be a complete shield from antitrust liability...more

Troutman Pepper

A Discussion on the Kollaritsch v. Michigan State University Board of Trustees Decision

Troutman Pepper on

On December 12, the U.S. Court of Appeals for the Sixth Circuit issued its decision in Kollaritsch v. Michigan State University Board of Trustees, holding that, in order to be liable for deliberate indifference under Title...more

Bowditch & Dewey

New England Journal of Higher Education publishes "Support Responsibilities in an Age of Campus Suicide"

Bowditch & Dewey on

In 2004, then-University of New England President Sandra Featherman authored a piece for NEJHE (then called Connection) headlined “Emotional Rescue” and focusing on how a new generation of troubled college students was...more

Bowditch & Dewey

Current Issues for Higher Education Real Estate Lawyers

Bowditch & Dewey on

Campus Real Estate, Property Management, Tax Credits The 15th Annual Higher Education Real Estate Lawyers conference was held in San Francisco, where attendees listened to and learned from both in-house and outside counsel at...more

Bowditch & Dewey

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

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

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