On February 14, the U.S. Department of Education Office for Civil Rights (DOE) issued a Dear Colleague Letter (DCL), which calls for educational institutions to immediately cease race-conscious practices in student...more
2/25/2025
/ Affirmative Action ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
First Amendment ,
Fourteenth Amendment ,
Free Speech ,
OCR ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Title VI ,
Universities
On January 9, a federal judge in the Eastern District of Kentucky entered an order vacating the 2024 Title IX regulations (the Final Rule). The case is Tennessee, et al. v. Cardona (Civil Action No. 2: 24-072)....more
1/17/2025
/ Anti-Discrimination Policies ,
Constitutional Challenges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
First Amendment ,
Gender Discrimination ,
Gender Identity ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Universities ,
Vacated
Recently, in Johnson v. NCAA, the U.S. Court of Appeals for the Third Circuit held that, depending upon the surrounding circumstances, student-athletes may qualify as employees under the Fair Labor Standards Act (FLSA). This...more
7/23/2024
/ College Athletes ,
Colleges ,
Educational Institutions ,
Employee Definition ,
Employees ,
Fair Labor Standards Act (FLSA) ,
Minimum Wage ,
NCAA ,
NLRA ,
NLRB ,
Student Athletes ,
Universities ,
Wage and Hour
On September 29, National Labor Relations Board (NLRB) General Counsel Abruzzo instructed NLRB officials nationwide that scholarship athletes at private universities within NCAA Division I FBS (Football Bowl Subdivision) are...more
As we discussed in an earlier client alert, the National Labor Relations Board announced in May that it would be issuing proposed rules that would establish a “standard for determining whether students who perform services at...more
9/20/2019
/ Colleges ,
Comment Period ,
Educational Institutions ,
Employee Definition ,
Graduate Students ,
NLRA ,
NLRB ,
NPRM ,
Proposed Regulation ,
Regulatory Agenda ,
Rulemaking Process ,
Student Employees ,
Students ,
Union Organizers ,
Universities
In a significant development for private colleges and universities, the National Labor Relations Board (NLRB) announced that it intends to propose rules that would establish a “standard for determining whether students who...more
Many private colleges and universities have faculty handbooks and/or collective bargaining agreements that, among other things, establish internal disciplinary procedures and make promises to faculty about academic freedom....more
7/11/2018
/ Academic Misconduct ,
Breach of Contract ,
Contract Terms ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Online Commentary ,
Professional Disciplinary Actions ,
Protected Activity ,
State and Local Government ,
Universities ,
WI Supreme Court ,
Work Suspensions