With the August 1, 2024, effective date of the Department of Education’s April Title IX regulations (Final Rule) just weeks away, court action in pending lawsuits challenging the Final Rule across the country continues. The...more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Discrimination ,
Educational Institutions ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
SCOTUS ,
State and Local Government ,
Title IX ,
Universities
On October 31, the Supreme Court heard the much-anticipated oral arguments in the cases brought by Students for Fair Admissions (SFFA) against Harvard University and the University of North Carolina at Chapel Hill (UNC),...more
11/3/2022
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Equal Protection ,
Fisher v University of Texas ,
Fourteenth Amendment ,
Oral Argument ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Universities
On December 8, the Solicitor General filed a brief stating the views of the United States on the pending petition for certiorari in the case challenging the admissions program of Harvard University. The petition, filed by...more
12/15/2021
/ Admissions ,
Certiorari ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Harvard University ,
Race Discrimination ,
SCOTUS ,
Students ,
Title VI ,
Universities
On December 6, the U.S. Supreme Court heard oral argument in the case of Hughes v. Northwestern University. The question at issue is whether allegations that a defined-contribution retirement plan paid fees that substantially...more
On July 26, the U.S. District Court for the Western District of Texas dismissed the latest case filed by Students for Fair Admissions (SFFA) against the University of Texas at Austin, challenging the university’s use of race...more
7/28/2021
/ College Admissions ,
Colleges ,
Diversity ,
Educational Institutions ,
Race Discrimination ,
Res Judicata ,
State and Local Government ,
Student Enrollment ,
Students ,
Summary Judgment ,
Texas ,
Universities
On May 11, Tennessee Governor Bill Lee signed into law House Bill 1351 (HB 1351), which requires public and private four-year colleges in Tennessee that are not under the authority of the Tennessee Board of Regents...more
6/7/2021
/ Colleges ,
Compensation ,
Department of Justice (DOJ) ,
Governor Lee ,
NCAA ,
New Legislation ,
State and Local Government ,
State Legislatures ,
Student Athletes ,
Tennessee ,
Universities
On April 6, the Department of Education Office for Civil Rights (OCR) sent a letter to stakeholders indicating how it intends to provide guidance on the implementation of Title IX of the Education Amendments of 1972 (Title...more
On March 8, the United States Supreme Court issued its opinion in Uzuegbunam v. Preczewski, holding that a claim for nominal damages saves a claim from dismissal on mootness grounds. For more background on the case, see the...more
3/9/2021
/ Appeals ,
Article III ,
Colleges ,
Coronavirus/COVID-19 ,
Freedom of Expression ,
Mootness ,
Nominal Damages ,
Oral Argument ,
SCOTUS ,
Standing ,
Student Speech ,
Universities
On February 3, the United States Department of Justice (DOJ) took steps in two separate cases to execute on expected changes in policy promised by the Biden Administration in the areas of affirmative action and Title IX. It...more
2/8/2021
/ Admissions ,
Affirmative Action ,
Biden Administration ,
Colleges ,
Department of Education ,
Department of Justice (DOJ) ,
Discrimination ,
Preliminary Injunctions ,
Title IX ,
Universities ,
Yale
On January 12, the United States Supreme Court heard oral argument in the case of Uzuegbunam v. Preczewski, which occurred in the context of religious speech on a college campus. The question at issue in the case is whether a...more
On November 12, the United States Court of Appeals for the First Circuit upheld the use of race by Harvard College in its student admissions program against a challenge brought by Students for Fair Admissions (SFFA), a group...more
11/17/2020
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Coronavirus/COVID-19 ,
Diversity ,
Harvard University ,
Petition for Writ of Certiorari ,
Race Discrimination ,
SCOTUS ,
Students ,
Universities
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
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 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
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