News & Analysis as of

Health Care Reform Challenges for Educational Institutions

Educational institutions will face some unique challenges as the Affordable Care Act's “employer shared responsibility” requirement becomes effective next year. Beginning January 1, 2015, large employers that do not offer...more

MIT 2014 Community Attitudes on Sexual Assault

More than 3,800 undergraduate and graduate students responded, or about 35% of the institution’s total student population. (This 35% consisted of 46% of surveyed undergraduate females, 35% of undergraduate males, 37% of...more

School Districts: School Districts’ Response to Sexual Harassment and Sexual Violence Under Scrutiny – Is Your District In...

The media stories being published across the nation criticizing schools for their failure to respond to sexual harassment and sexual violence against students serve as a warning to other school districts to consider whether...more

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...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

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

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

Stacy Allen Speaks: Video Game Makers Strike Out In College Athlete Cases – Coaching Tips For The Virtual World

Over the past several years, I have written about a series of decisions in suits brought by former collegiate athletes against EA Sports and the NCAA, seeking compensation for the use of their likenesses and those of...more

Winston & Strawn's Kessler Sees Change and Opportunity in College Athletics  [Video]

August 27, 2014 (Mimesis Law) -- Jeff Kessler, partner at Winston & Strawn, talks with Lee Pacchia and Steve Olenick about how he fashioned a career in the emerging field of sports law. Over the course of his thirty plus...more

Can colleges reward students and alumni for referring new students?

One of the more common questions we receive in our higher education practice concerns whether an institution may offer a student or alumni referral program without running afoul of federal law. Or, more specifically, whether...more

Senator Crapo raises concerns with Department of Education campus financial product rulemaking

Republican Senator Mike Crapo, Ranking Member of the Senate Committee on Banking, Housing, and Urban Affairs, sent a letter last week to Department of Education (ED) Secretary Arne Duncan to raise several concerns with the...more

CFPB Pressures Banks To Disclose Campus Marketing Agreements

On August 6, the CFPB’s Student Loan Ombudsman, Rohit Chopra, published a blog post addressing the financial arrangements between financial institutions and institutions of higher education that market financial products to...more

University of Texas’s Use of Race In Student Admissions Survives Another Legal Hurdle

The U.S. Court of Appeals for the Fifth Circuit decided this week that the University of Texas’s consideration of race as a factor among many factors for college and university admissions is legally permissible in Fisher v....more

Guidance Regarding Compliance with Changes to Clery Act Made by VAWA Before Final Regulations Become Effective

Earlier this week, the U.S. Department of Education’s Office of Postsecondary Education (DOE) released guidance designed to assist institutions of higher education in determining how to comply with the Violence Against Women...more

Amicus Briefs Submitted to NLRB on Appeal of Northwestern University Decision

As previously noted in this blog, the National Labor Relations Board (“NLRB”) has sought amicus curiae briefing in the Northwestern University and College Athletes Players Association matter on review of the NLRB Regional...more

Uptick in Hazing-Related Incidents Provides Sobering Reminder of Potential Claims Against Colleges and Universities

Across the United States there has been a recent surge of injuries — and deaths — resulting from hazing and initiation rites led by student organizations. These tragic events have produced lawsuits and investigations into...more

Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New...

On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more

Department of Education proposal on campus financial products expected in July

We recently commented that financial institutions offering financial products to college students, including debit or prepaid cards, under agreements with colleges should be planning now for the possible advent of new...more

New York’s Campus Safety Act: Proposed Legislation to Require Notice of Violent Felonies and Missing Persons

The New York State Senate passed a bill today that would amend New York’s Campus Safety Act to require institutions, effective immediately upon its enactment, to notify law enforcement of any report of a violent felony or...more

Wager v. Moore: When May A College Have A Duty To Protect The Safety Of Its Students?

Generally speaking, from a legal standpoint, the courts have held that colleges and universities do not have a duty to safeguard the safety of their students. However, in Wager v. Moore, 2013 WL 6989512 (Conn. Super. Dec....more

Is the NLRB’s Brown University Decision on Its Last Leg?

The National Labor Relations Board’s treatment of college and university students as “employees” covered by the National Labor Relations Act has been the subject of a tortured history. In the Fall of 2000, in a case...more

White House Issues Guidance for Preventing Sexual Assault on Campus

The White House is urging colleges and universities to take a more proactive approach to protecting students from sexual assault and recently announced new actions and guidelines in the first report of the White House Task...more

Obama Administration Announces Voluminous Guidance Regarding Sexual Violence

Schools now have a substantial amount of additional guidance to review, process, and implement in their ongoing efforts to address sexual violence and achieve and maintain compliance with Title IX of the Education Amendments...more

Report of the White House Task Force to Protect Students from Sexual Assault

Today the White House issued the “first” report from its task force on sexual assault. The Report provides a number of recommendations for colleges and universities and is a “must read” for any administrator charged with any...more

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