News & Analysis as of

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

Democratic Lawmakers Urge Education Department To Alter School-Sponsored Debit Card Rules

On April 22, Senator Elizabeth Warren (D-MA), Congressman George Miller (D-CA) and 22 other lawmakers sent a letter to Department of Education (DOE) Secretary Arne Duncan, supporting the DOE’s ongoing efforts to revise its...more

White House Task Force on Sexual Assault Releases First Report; OCR Issues Long-Awaited FAQs

The White House Task Force To Protect Students from Sexual Assault today released its first report, which contains a series of recommendations focused on identifying the scope of sexual assault on college and university...more

What Exactly is the Long-Term Impact of the NLRB’s Decision? Part 3

While the Northwestern decision applies to private universities, there is a good chance that this rule would affect public universities as well. States have individual statutes and related administrative bodies that govern...more

A Parent’s Right To College Records

For many parents, the financial support they provide to their children does not end after their children graduate from high school. For divorcing parents in particular, the payment of their children’s future college expenses...more

Game Changer: NLRB Rules College Football Players Can Unionize

Director of the Chicago Region of the National Labor Relations Board (NLRB), Peter Sung Ohr, ruled that Northwestern University scholarship football players are entitled to have a union election because they are “employees”...more

NLRB Judge Finds That College Football Players Are Employees Of Their University

Yesterday, an administrative judge at the National Labor Relations Board (NLRB) found that student athletes on Northwestern University’s football team who receive a scholarship are employees of the university and therefore...more

A New Hurdle For Higher Education: College Football Players Huddle Up for Union Organizing

Last week, the Northwestern University football team shook up the playbook by taking the unprecedented step of petitioning the National Labor Relations Board for a union election. The result – to be determined – will have a...more

Student Athletes’ NLRB Petition Looms Large for Colleges and Universities

A group of Northwestern University football players recently filed a petition with the National Labor Relations Board (NLRB) seeking to be represented by a labor union. Although this request is the first of its kind, it...more

President Obama Announces White House Task Force On Protecting Students From Sexual Assault

On January 22, 2014, President Obama announced the creation of a White House Task Force on Protecting Students from Sexual Assault (Task Force). The President’s announcement was accompanied by a report issued by the White...more

CFPB Releases Report on College Credit Card Agreements

The CFPB released its annual report on college credit card agreements to Congress. Section 305 of the CARD Act requires credit card issuers to annually submit to the CFPB the terms and conditions of any college credit card...more

The CFPB Requests That Agreements Marketing Financial Products to Students Enrolled in Institutions of Higher Education be...

As a follow up to its initial inquiry earlier this year, the Consumer Financial Protection Bureau (“CFPB”) is alerting financial institutions about the “potentially risky practice of making secret payments” to colleges and...more

College Settles Pregnancy Discrimination Complaint

The National Women’s Law Center (NWLC) announced earlier this week that Logan University in Missouri settled a pregnancy discrimination complaint that the NWLC filed with the U.S. Department of Education’s Office of Civil...more

NYU Agrees To Recognize Graduate Student Organizing Rights

As we reported last year, the fight over graduate student organizing rights has taken yet another tumultuous turn at the National Labor Relations Board. The Board has changed its position twice in recent years on the issue of...more

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