Universities

News & Analysis as of

Drone U: Drone Use on Campus and Developing an Effective Drone Policy

Drones on campus is a key issue facing universities and educational institutions today. As small unmanned aircraft systems (sUAS) increasingly make their appearance on campuses across the U.S., colleges and universities are...more

Is your institution of higher education covered by HIPAA?

It comes as no surprise that virtually every postsecondary administrator is familiar with the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). After all, FERPA, the primary federal law...more

Privilege Issues in the Media Firestorm

The situation has become all too familiar: an incident of prurient interest — whether actual or falsely alleged — goes viral on social media before university officials can even ascertain the names of the parties involved. ...more

U.S. Government Reminds Colleges and Universities to be Prepared to Defend Advertised Statistics

The Federal Trade Commission (“FTC”) and U.S. Department of Education (“ED”) recently reminded all colleges and universities to review their online and print materials not only for the accuracy of any employment statistics...more

Federal Government Remains Focused on Title IX Compliance

The National Science Foundation (NSF) and the U.S. Department of Justice (DOJ) recently made announcements that signal the government’s continued focus on ensuring that colleges and universities comply with Title IX's...more

University Faces Action for Alleged Deceptive Advertising of Graduates' Employment, Earning Prospects

The Federal Trade Commission (FTC) has filed a complaint in a California federal district court against the operators of DeVry University in which it alleges that DeVry violated the FTC Act by misrepresenting the employment...more

DOJ and Kent State University reach $145,000 Fair Housing settlement

Earlier this month, the U.S. Department of Justice (DOJ) and Kent State University (KSU) settled claims of discrimination under the Fair Housing Act (FHA) related to the use of emotional support animals in university housing....more

New News on IRS Form 1098-T Penalty Relief for Colleges and Universities

Background. Each year, on an IRS Form 1098-T, colleges, universities, vocational schools and other postsecondary educational institutions must report to the IRS and each student the amount of tuition and related expenses...more

Can colleges compensate recruiters based on graduation rates?

As we’ve noted before, our higher education practice regularly receives inquiries related to incentive compensation plans for recruiters. Late last year, following a series of rulemakings, lawsuits, and court decisions, the...more

The Erosion of Charitable Immunity for Virginia’s Colleges and Universities and What it Means for the Administrators and Trustees...

Historically, Virginia courts have treated non-profit colleges and universities as charitable institutions which are insulated from liability for simple negligence. This rule (known as the doctrine of “charitable immunity”)...more

“Cat’s Paw” Liability in Faculty Decision-Making

Children’s fables are often an overlooked source of wisdom. Take for example Aesop’s 17th century fable “The Monkey and the Cat.” As the story goes, a cat and monkey lived in the same house as pets. The monkey, desiring...more

Must An Employer Tolerate Truly Obnoxious Employee Speech That Is Not Job-Related?

There is a tenured professor at Florida Atlantic University School of Communications and Multi-Media Studies who has gained notoriety because of his public statements, including a blog, which claim that virtually every mass...more

College Basketball Players Can Bring Sexual Orientation Claim Under Federal Law, And Why Employers Should Pay Attention

In the months since the EEOC’s landmark ruling in Baldwin v Foxx, the looming question has been: Would federal courts adopt the Commission’s position that claims of sexual orientation discrimination were cognizable under...more

New Year Brings New Gun Laws in Texas

Texas has long allowed licensed citizens to carry concealed handguns, but in 2016 Texas will allow “open carry” for the first time. For employers, this means dusting off the gun policies and signs on your front doors to...more

Issues Arising from Drones on College Campuses: Are You Prepared?

Action Item: Colleges and universities must give careful consideration as to how drones are being used, regulated, and/or restricted, so as not to run afoul of federal, state, and local laws and regulations. In addition,...more

University Revises Transfer Policies In Effort To Combat Campus Sex Assault

One Title IX issue that has received considerable attention over the past several months is how colleges and universities should assess the student conduct records of students interested in transferring onto campus. Putting a...more

A Snapshot of University Patent Litigation

As patent litigation overall has grown rapidly since 2010, the industry has also seen a shift in some traditionally litigation averse players. University tech transfer organizations in particular have increased their filings...more

2016 Could Bring Even More Headaches for Institutions of Higher Education

The U.S. Department of Education is seeking to expand the right of all federal student loan borrowers to seek loan forgiveness. Specifically, it has begun a negotiated rulemaking proceeding to promulgate regulations...more

Out of Bounds: Title IX, Off-Campus Conduct, and Yeasin V. University of Kansas

The Kansas Court of Appeals’ decision in Yeasin v. University of Kansas, stands for the proposition that educational institutions must act with both precision and foresight when delineating their disciplinary authority. Of...more

4 Ways to Ease Strife on Campuses

University leaders aren’t exactly having a pleasant fall semester. The recent well-publicized surge in student protests has not only forced the resignations of high-ranking college officials but also produced demands that...more

Model Social Media Privacy Legislation To Be Proposed in 2016

The Uniform Law Commission (ULC), a non-profit unincorporated association comprised of state commissions on uniform laws from each state, recently announced that it intends to vote on model social media privacy legislation in...more

New Reporting Requirement for Virginia School Boards

Beginning in July 2015, Virginia school boards and institutions of higher learning have been subject to new mandatory reporting requirements regarding the method of procurement used to obtain contracts for certain...more

Canadian Employment News Series: BC Supreme Court overturns Human Rights Tribunal record award for injury to dignity

We reported previously on the decision of the Human Rights Tribunal in University of British Columbia v. Kelly. In that decision, the Human Rights Tribunal concluded that the University of British Columbia had discriminated...more

Regents’ Approval Authorizes UC Merced 2020 Project to Move Forward

The Regents of the University of California (the “Regents”) approved the commercial terms of the P3 agreement for the UC Merced 2020 Project (the “Project”) on Thursday, November 19, 2015 at the Regents meeting held in San...more

NRLB to Reconsider Unionization of Private College Graduate Students

Last month, the National Labor Relations Board (“NRLB”) voted 3 to 1 to reconsider whether graduate students who work as teaching assistants or research assistants at private universities are protected by the National Labor...more

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