Universities

News & Analysis as of

NCAA Passes Resolution Seeking To Clarify The Role of Athletic Departments in Campus Sexual Assault Investigations

On August 08, 2014, the Executive Committee of the National Collegiate Athletic Association (“NCAA”) passed a resolution (the “Resolution”) addressing how athletic departments should handle cases of sexual misconduct...more

Sexual Harassment Training Can Help Mitigate The Risk Of Sexual Assaults On College Campuses

Let me begin this post by saying, War Eagle! (It is football season…). Football and silliness aside, I am an Auburn fan because I attended Auburn University. I graduated last year and sometimes I wish I could have done five...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

Tips for gathering Clery statistics for this year’s report

Managing compliance with Title IX and the Jean Clery Act has been on many an administrator’s mind of late, and rightly so. In recent months, the U.S. Department of Education’s Office of Civil Rights (OCR) has through...more

Back to School OMA/FOIA Update: Public Access Counselor (PAC) Decisions this Summer

The summer is nearly behind us, and it has been a busy summer for the Public Access Counselor (PAC) office of the Illinois Attorney General, which issued five binding decisions since May on Open Meetings Act (OMA) and Freedom...more

Top NIH-funded U.S. Universities 2014

On Monday, Genetic Engineering and Biotechnology News (GEN) published a list of the Top 50 NIH-funded U.S. universities in fiscal year October 1st – September 30th. Geographically, California leads the list of most Federal...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

Court Rules NCAA Violated Antitrust Laws: But Did The NCAA Win By Losing?

A federal court has ruled that the NCAA cannot ban schools from giving athletes money based on their name, image and likeness, and cannot impose a salary cap below $5,000. See O'Bannon v. NCAA (N.D. Calif Aug. 8, 2014). The...more

NCAA Cannot Bar Compensation of Student-Athletes for Use of Their Names and Likenesses, Federal Court Says

A recent California federal court decision has further lifted the thumb on the scales that has historically benefited collegiate athletics in weighing whether their association rules violate the federal antitrust laws. ...more

Deadlines Applicable to Colleges and Universities Approaching for Participation in SEC’s Continuing Disclosure Cooperation...

On March 10, 2014, the Securities and Exchange Commission (“SEC”) announced a voluntary self-reporting program for issuers and underwriters of municipal bonds for reporting of inaccurate statements made in offering documents...more

CFPB calls out banks for not publicly disclosing campus financial product marketing agreements

According to a new blog post about “secret banking contracts” by Rohit Chopra, the CFPB’s Student Loan Ombudsman, the CFPB is sending letters to colleges and universities “to make sure they know that their bank partner has...more

Title IX Compliance

In the past few months, we have reported on how sixty-eight higher education institutions throughout the nation have made it onto the U.S. Department of Education’s public list of colleges and universities that are currently...more

Conflicts & Nepotism – A Dangerous Employment Cocktail

Last week, Alabama Governor Robert Bentley removed Alabama State University Trustee Marvin Wiggins for violating the University’s conflict of interest rules. The removal proved once again that if you are responsible for the...more

Ten Ways to Energize Research Organization Collaborations

Energizing Research Organization Collaborations Research collaborations that extend across organization — universities, hospitals, independent research institutes, national labs, companies, etc.— require a certain amount of...more

Fourth Circuit Says University President has Broad Authority to Require Medical Examinations Under ADA

The Americans with Disabilities Act prohibits employers from requiring employees to submit to medical examinations in the absence of business necessity. In an unpublished decision released last month, the Fourth Circuit Court...more

U.S Senate Proposes New Bill Aimed at Curbing Campus Sexual Assault

Last week, a bipartisan group of eight U.S. Senators unveiled legislation aimed at decreasing the number of sexual assaults occurring on college and university campuses across the nation. The proposed legislation, titled the...more

Six Teams Submit SOQs for UC Merced 2020 P3 Project

The Regents of the University of California (the “Regents”), on behalf of the University of California, Merced (“UC Merced”), announced on August 1, 2014 that it received Statements of Qualifications (SOQs) from six teams in...more

EEOC Sues City Colleges for Age Discrimination

Federal Agency Says College Refused To Hire Adjunct Professor for Full-time Position Because of Her Age - CHICAGO-- Harold Washington College, part of the City Colleges of Chicago system, violated federal law when it...more

Bipartisan Senate Legislation Introduced To Address Campus Sexual Assaults

Yesterday, eight U.S. senators introduced the Campus Accountability and Safety Act, a bill that proposes to amend the Higher Education Act and the Clery Act to include new requirements for addressing sexual violence on...more

UPDATE: UConn Settles Sexual Assault Lawsuit for $1.3 Million

We recently reported that five former and current students filed a federal lawsuit against the University of Connecticut (“UConn”) alleging discrimination and that the university failed to properly investigate claims of rape...more

Fifth Circuit Upholds the Use of Race in Admissions at the University of Texas

For a second time, the Fifth Circuit dismissed Abigail Fisher’s claim against the University of Texas at Austin (the “University”), holding that the University’s admissions policy, including the use of race as a factor,...more

IPO Names Top 100 Patenting Universities

The Intellectual Property Owners (IPO) recently published a list of the top 100 universities worldwide granted patents in 2013. As reported in the IP Record, these universities are...more

Race-Based Admissions and Assignment Policies Survive Another Legal Challenge in Fisher v. University of Texas

Last year, I blogged about the impact of a higher education Supreme Court diversity case, Fisher v. University of Texas on K-12 schools. As discussed in that blog, although the decision was a higher education decision, it...more

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