As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more
7/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Regulatory Standards ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
The release by the Department of Education of preliminary proposed new rules regulating the implementation of Title IX requirements on campuses across the country has received extensive attention. The proposed new rules are...more
The United States Supreme Court holding in Carson v. Makin could result in public assistance for religiously affiliated institutions of higher education. The Court ruled that Maine’s tuition assistance program is an...more
6/30/2022
/ Carson v Makin ,
Constitutional Challenges ,
Educational Institutions ,
Espinoza v Montana Department of Revenue ,
Establishment Clause ,
First Amendment ,
Free Exercise Clause ,
No Aid Clause ,
Private Schools ,
Public Schools ,
Religious Schools ,
SCOTUS ,
Tuition
Since last year’s significant SCOTUS decision in Alston curtailing the NCAA’s ability to limit student athlete compensation for certain educational benefits, the landscape continues to shift in unprecedented ways. Now, the...more
Since its lapse in 2019, the future of the Violence Against Women Act (VAWA) has remained uncertain, despite support from key Congressional leaders on both sides of the aisle. The legislative logjam surrounding VAWA was...more
In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more
As higher education institutions across the country wrestle with how best to safely return campuses to in-person instruction, the American College Health Association (“ACHA”) has issued important new recommendations related...more
There are a number of unanswered questions regarding the recently updated Title IX ("TIX") regulations. However, the Kentucky Bar Association (KBA) has answered one of them—does a non-attorney who represents a party as an...more
The March 3rd release of Louisiana State University’s (LSU) Title IX Review exposed wide-ranging compliance failures of the University. According to that review, LSU’s Title IX program (a) was woefully understaffed, (b)...more
Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues...more
On September 14, 2020, House Bill 606 was signed into law by Governor DeWine, which provides Ohio employers with legal protections to stem the spread of COVID-19 lawsuits. Under this law, Ohio profit and non-profit private...more
9/25/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Corporate Liability ,
Employer Liability Issues ,
Government Entities ,
Governor DeWine ,
Immunity ,
Infectious Diseases ,
New Legislation ,
Nonprofits ,
Universities ,
Workplace Safety
The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions.
The Final Rule does four things:
1....more
9/18/2020
/ Anti-Discrimination Policies ,
Colleges ,
Department of Education ,
Federal Loans ,
Final Rules ,
First Amendment ,
Free Speech ,
Penalties ,
Religious Discrimination ,
Title III ,
Title IX ,
Title V ,
Universities
The spread of COVID-19 in the United States is causing hospital administrators and government officials to call upon their local colleges and universities to house surge patients and quarantine first responders. The Harvard...more
A recent federal court decision in Louisiana suggests that Title IX requires institutions of higher education to treat fraternities and sororities equally. While Title IX generally involves cases of sexual assaults on campus,...more
When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more
9/12/2017
/ Colleges ,
Department of Education ,
Due Process ,
Interim Rule ,
Notice and Comment ,
Public Comment ,
Secretary of Education ,
Sexual Assault ,
Title IX ,
Trump Administration ,
Universities ,
VAWA