News & Analysis as of

Students Universities

With New Academic Year Approaching, Universities and Colleges Must Prepare for Possible Immigration Issues for Foreign and...

Universities and colleges across the United States must add an additional task to their preparations for the start of the 2017-2018 Academic Year: the Trump Travel Ban. As we previously reported, the travel ban remains in...more

Medical Marijuana on Campus: Barbuto's Impact on School Policies Banning Drug Use

by Holland & Knight LLP on

The Massachusetts Supreme Judicial Court recently ruled in Barbuto v. Advantage Sales and Marketing, LLC that an employee's use of medical marijuana to treat a qualified disability may be a reasonable accommodation under...more

Third Time’s the Charm – or Not

by McDermott Will & Emery on

The US Court of Appeals for the Eighth Circuit maintained its prior decision, holding that defendants violated the First Amendment when refusing to approve use of university trademarks on t-shirts incorporating a marijuana...more

Stick to the Script: The Consequences of Mishandling Sexual Misconduct Investigations in Doe v. Skidmore College

It would seem fairly self-evident that when a college or university establishes procedures for handling sexual misconduct claims, it should actually follow them. That, however, was not the case in Matter of John Doe v....more

Digital Disruptions: Handling Social Media Misuse By Students And Educators

by Fisher Phillips on

Beginning with the launch of Myspace and Facebook in the early part of the last decade, social media communication has taken the world by storm. Today, social media networking is the primary means of communicating about one’s...more

Investigating Sexual Assaults at School: Changes on the Horizon

by Franczek Radelet P.C. on

We are closely monitoring the U.S. Department of Education’s policy guidance concerning investigations of sexual assaults and sexual violence on school campuses, applicable to both K-12 and higher education institutions...more

No Good Deed Goes Unpunished: When Well-Intentioned School Policies Actually Create Risks

by Fisher Phillips on

There’s no question that today’s social and political climate has affected school campuses across the country in ways that have not been experienced in decades. A steady increase in the diversification of student bodies...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

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

Court finds ethical considerations, not same-sex relationship, determined demotion decision

by McAfee & Taft on

The issue of pretext recently played out in a sex discrimination case in which the Tenth Circuit Court of Appeals had to decide whether an employer’s reasons for demoting an employee were legitimate or just a ruse to cover up...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

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

[Webinar] Gainful Employment Disclosures and Student Warnings - March 23rd, 12:00pm Central Time

by Thompson Coburn LLP on

This advanced-level webinar will focus on the new 2017 GE Disclosure Template that all institutions with gainful employment programs must start distributing by April 3, 2017. The webinar will review the content of the...more

Title IX Update - March 2017

by Nexsen Pruet, PLLC on

Rescission of Previous Administration’s Guidance Relating to Transgender Students - On February 22, 2017, the U.S. Department of Justice and U.S. Department of Education released a Dear Colleague Letter rescinding the...more

Obama-Era Guidance on Transgender Student Rights Reversed by Departments of Education and Justice

by Dickinson Wright on

On February 22, 2017, President Donald Trump’s administration issued a two-page "Dear Colleague" letter that formally rescinded the Obama administration’s interpretation of transgender student rights as an extension of Title...more

Trump Administration Withdraws Prior Department of Education Interpretations Regarding Title IX Protections Afforded to...

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The U.S. Departments of Justice and Education jointly issued a “Dear Colleague” letter yesterday withdrawing and rescinding the Obama Administration’s prior guidance letters which instructed schools that...more

Trump Administration Withdraws Transgender Guidance

by Ruder Ware on

On February 22, 2017, one day before briefs were submitted to the Supreme Court in a case involving a transgender student in Pennsylvania, the Trump Administration, through the Department of Justice (DOJ) and the Department...more

Title IX and Due Process: University Enrollment as Property Interest in DOE v. ALGER

Tuition-wise, public universities have long been considered a better option than private schools, and in Doe v. Alger, a federal court in Virginia held that public university tuition may bring an additional bonus, that being...more

Will the New Administration Trump Columbia University?

by Saul Ewing LLP on

GOP Reacts Swiftly to NLRB General Counsel’s Memorandum Regarding the Status of Division I Scholarship Football Players at Private Universities - In a memorandum dated January 31, 2017, National Labor Relations Board...more

The NLRB Throws a Flag on NCAA Division I Football and Explains Some Rules to Colleges and Universities

In an official memorandum entitled “General Counsel’s Report on the Statutory Rights of University Faculty and Students in the Unfair Labor Practice Context,” the National Labor Relations Board (NLRB) General Counsel Richard...more

FTC and DeVry University Settle False Advertising Claims for $100M

In December 2016, DeVry University agreed to pay $100 million to settle a lawsuit with the Federal Trade Commission (FTC) over allegations stemming from DeVry’s advertising about the employment rates and salaries of its...more

Professor Terminated For Relationship With Admitted Student Allowed to Move Forward With Title IX Retaliation Claim

by Bowditch & Dewey on

A former non-tenured professor at the University of North Texas has filed suit claiming that he was fired in retaliation for his participation, as the accused, in a campus investigation of a graduate student’s sexual...more

Title IX Update: January 2017 - Recent Title IX Developments

by Nexsen Pruet, PLLC on

Nexsen Pruet’s Title IX team assists educational institutions in Title IX compliance. The team’s primary focus includes assisting with Title IX complaint investigations and serving as adjudicators. The team also provides...more

Universities and Colleges Must be Vigilant When Certifying Student Loans

by Saul Ewing LLP on

In Jackson v. Univ. of N. Texas, et. al., the University of North Texas (“UNT”) and various student loan companies faced allegations of improper oversight of student loan certifications and claims submissions in violation of...more

University of Wisconsin Announces Data Breach of Law School Applicants

Last week, the University of Wisconsin Law School notified 1,213 applicants from 2005-2006 that their names and Social Security numbers were breached back in November. The University discovered that a hacker gained access to...more

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