News & Analysis as of

Universities

Lawsuit Claiming Gender Bias in Title IX Investigation Allowed to Go Forward

• A federal court in Ohio has held that published writings of a university Title IX administrator provide sufficient evidence of bias to permit a civil suit by a penalized student to go forward. • Denial of equitable...more

DACA: Next steps for institutions of higher education

by Thompson Coburn LLP on

In 2012, then-President Obama established with the Department of Homeland Security (“DHS”) the Deferred Action for Childhood Arrivals (“DACA”) Program. The DACA Program is an exercise of prosecutorial discretion by the...more

What U.S. Education Secretary Betsy DeVos' Recent Speech Means for Title IX

U.S. Secretary of Education Betsy DeVos gave a highly publicized speech recently about the federal government’s plan to revamp guidelines for handling allegations of sexual assault on college campuses. Having watched the...more

Student-Employee Unions: Should Universities Expect a Double U-Turn?

by Fisher Phillips on

Until recently, the National Labor Relations Board (NLRB) long held that private university student-employees were not considered “employees” under the National Labor Relations Act (NLRA) because the relationship with their...more

Title IX: Now What?

by Steptoe & Johnson PLLC on

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

U.S. Department of Education Signals It Will Revise Title IX Guidance

by Holland & Knight LLP on

• Secretary of Education Betsy DeVos has advised that the U.S. Department of Education intends to revise its guidance on the application of Title IX to reports of sexual misconduct on college and university campuses. • DeVos...more

Education Department to Replace Guidance on Title IX Sexual Misconduct Complaints

by McGuireWoods LLP on

In yet another reversal of civil rights policy established under the Obama administration, on Sept. 7, 2017, Secretary of Education Betsy DeVos announced her plan to review and replace the Department of Education’s 2011 “Dear...more

Baker-Polito Administration Awards $455,000 in Grants to Clean Energy Innovators

On August 23, the Baker-Polito Administration awarded $455,000 in grants to seven early-stage researchers and companies developing clean energy technologies as part of the Massachusetts Clean Energy Center’s (MassCEC)...more

The Department of Education Seeks Public Input for New Title IX Policy

• The Department of Education (DOE) plans to gather public input—including input from educational institutions—on new Title IX policy, rejecting the prior administration’s issuance of policy by letter. • The DOE has not,...more

Secretary DeVos Announces Changes to Title IX Directives Regarding Campus Sexual Misconduct Allegations

by K&L Gates LLP on

n Thursday, September 7, 2017, Department of Education Secretary DeVos announced that the Department will launch a notice-and-comment process to incorporate the “insights of all parties” in creating new directives that govern...more

Secretary DeVos’s September 7, 2017 Remarks on Title IX Enforcement Extol Equity and Transparency, Raise New Questions

by Franczek Radelet P.C. on

Secretary of Education Betsy DeVos’s hotly anticipated remarks on the future of Title IX enforcement, given yesterday at George Mason University, announced the intention of the Department of Education to overhaul the way it...more

Back to School Edition: Trade Secrets Go Off to College

After the long break, students have returned to colleges and universities across the country where they will trade late summer nights out with friends for tossing Frisbees on the quad.  As classes begin, we at TSW wanted to...more

Plans To ‘Reframe’ Title IX Enforcement Announced

by Jackson Lewis P.C. on

The Trump Administration believes that Obama-era guidance regarding sexual assault on college campuses created a “failed system” that was a “disservice to everyone involved,” Education Secretary Betsy DeVos said on September...more

Blog: California BPPE Announces Changes to the Student Tuition Recovery Fund

by Cooley LLP on

The California Bureau for Private Postsecondary Education recently published amended regulations governing the Student Tuition Recovery Fund effective as of August 10, 2017. The changes will impact institutions approved to...more

Title IX Compliance: NCAA Adopts Sexual Violence Prevention Policy

In August, a formal sexual violence prevention policy was adopted by the NCAA Board of Governors. College coaches, student-athletes, and athletics administrators must now complete education each year in sexual violence...more

DACA Program to Be Phased Out

Today, the Trump Administration announced rescission of the Obama Administration’s 2012 Executive Order which created the Deferred Action for Childhood Arrivals (DACA) program. As of March 5, 2018, DACA will fully end with...more

Breaking: Attorney General Rescinds DACA – Hundreds of Thousands of Individuals, Schools, Colleges, and Employers Uncertain What...

As expected, the Department of Justice just announced that the 2012 Deferred Action for Childhood Arrivals—known as DACA—has been rescinded. Attorney General Jeff Sessions delivered the news in a morning press conference at...more

Campus Companions: How To Handle Requests For Service And Assistance Animals

by Fisher Phillips on

School officials often receive requests from students with disabilities to bring “service animals” and “assistance animals” on campus as an accommodation. Under the Americans with Disabilities Act (ADA), Section 504 of the...more

Risk Associated with Failure of Programs to Gain Timely Accreditation

by Steptoe & Johnson PLLC on

In an effort to add new programs to meet the needs and interests of students and faculty, many colleges and universities will admit students to programs that are still in the process of seeking the necessary accreditation....more

Paid Family Leave: Week 4 of Q&As

The Q&As for this week focus on the application of PFL to higher education institutions. Question: Are private colleges and universities covered by PFL? Answer: Yes. Private colleges and universities are deemed to be...more

Worth Another Look: Affordability of Higher Education

In January of 2017, the National Conference of State Legislatures (NCSL) published a list of the top 10 issues that will be before state legislatures across the nation this year. While we’re just over a quarter of the way...more

New York Institutions: An Introduction to Paid Family Leave

On July 19, 2017, the New York State Workers’ Compensation Board (WCB) published its final regulations implementing the New York Paid Family Leave Law (PFL). For those that may be less familiar with the particulars of this...more

Back to School: Preparing for Campus Unrest

In the wake of the deadly Charlottesville protests, institutions of higher education are under heightened pressure to prepare their campuses for disruption and unrest. Many colleges and universities have open campuses, enjoy...more

Blog: ED’s New Audit Guide Mandates More Detailed Assessment of Institutional Compliance with Clery Act Campus Crime and Security...

by Cooley LLP on

The Clery Act is the focus of the fifth post in our Audit Guide series. The new Audit Guide significantly expands the scope and detail of information that auditors are now required to review to evaluate a school’s compliance...more

Grad-Student Unions One Year After Columbia University: More To Come Or A Thing Of The Past?

by Jackson Lewis P.C. on

In August 2016, the National Labor Relations Board reversed longstanding precedent and ruled that students “who have a common-law employment relationship with their university are statutory employees under the [National Labor...more

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