On August 13, the Civil Rights Division of the U.S. Department of Justice (DOJ) informed Yale University (Yale) of its determination that Yale has violated, and is continuing to violate, Title VI of the Civil Rights Act of...more
Earlier this week, the Massachusetts Institute of Technology (MIT) and the president and fellows of Harvard College (Harvard) filed a lawsuit against the Department of Homeland Security (DHS) and Immigration and Customs...more
7/13/2020
/ Administrative Procedure Act ,
Colleges ,
Customs ,
Department of Homeland Security (DHS) ,
F-1 Visa ,
Foreign Students ,
Harvard University ,
Immigration Enforcement ,
Massachusetts Institutie of Technology (MIT) ,
Motion To Enjoin ,
Online Education ,
State and Local Government ,
TRO ,
Universities
The U.S. Supreme Court issued a landmark decision on Monday, June 15, in the case of Bostock v. Clayton County, ruling that the prohibitions against discrimination “because of sex” contained in Title VII of the Civil Rights...more
6/16/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
On June 4, two separate lawsuits were filed by states against the Department of Education (the Department) alleging that the Department violated the Administrative Procedure Act (APA) in promulgating the final rules...more
On May 29, President Trump issued a proclamation, effective on June 1, 2020, to suspend and limit certain nonimmigrant Chinese nationals who seek to enter the United States with an F or J visa. This latest action by the Trump...more
6/9/2020
/ Best Practices ,
China ,
Enforcement Actions ,
Federal Funded Research and Development Centers (FFRDCs) ,
Foreign Nationals ,
Fraud ,
Medical Research ,
Medical School ,
National Institute of Health (NIH) ,
Presidential Proclamations ,
STEM ,
Students ,
Travel Restrictions ,
Trump Administration ,
Universities ,
Visas
Last week, a three-judge panel of the United States Court of Appeals for the Ninth Circuit affirmed, in all respects, an injunction issued by Judge Claudia Wilken of the Northern District of California in Alston v. NCAA, the...more
On May 18, the U.S. Court of Appeals for the Ninth Circuit handed down its decision in Alston v. NCAA, the so-called “pay for play” case in which student-athletes challenged certain “amateurism” rules of the National...more
On May 5, the Department of Education released its long-awaited final regulations under Title IX of the Higher Education Act. At more than 2,000 pages, the final regulations attempt to address the more than 120,000 comments...more
Since the last week in March, at least six putative class action suits seeking refunds of fees paid by students for room and board, parking, extra-curricular activities, and in some cases, tuition, due to the students’...more
On March 12, President Trump issued a formal Declaration of a National Emergency that authorizes qualifying nonprofit healthcare entities to receive reimbursement under section 502 of the Stafford Act and FEMA’s Public...more
On March 19, 2020, the Federal Emergency Management Agency (FEMA) issued a Fact Sheet providing additional guidance on emergency protective measures that may be eligible for funding under the Stafford Act when incurred by a...more
On March 13, 2020, President Trump issued a formal Declaration of a National Emergency as of March 1, 2020, based on the pandemic of COVID-19. In this Declaration, the president states that “[t]he spread of COVID-19 within...more
It has been well over a year since the Department of Education issued its proposed regulations under Title IX of the Higher Education Act for notice and comment and we are quickly coming up on the first anniversary of the...more
1/29/2020
/ Administrative Hearings ,
Best Practices ,
Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Higher Education Act ,
Investigations ,
OCR ,
Proposed Regulation ,
Standard of Proof ,
Title IX ,
Universities
On September 30, 2019, the District Court for the District of Massachusetts issued its long-awaited opinion in Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, _ F. Supp. 3d. _, 2019 WL 4786210,...more
11/5/2019
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Harvard University ,
Race Discrimination ,
Strict Scrutiny Standard ,
Title VI ,
Unduly Burdensome ,
Universities