The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more
In recent months, challenges to schools’ programs and policies designed to foster diversity have become increasingly common. Anti-affirmative action advocates have stepped up their attacks on race- and gender-conscious...more
Following sweeping background check legislation passed in 2013 and 2014, background checks of faculty and staff have become the norm for Pennsylvania institutions of higher education. The commonwealth’s Child Protective...more
The Connecticut Supreme Court recently determined as a matter of law that independent schools have a duty of care to warn students against the risks of insect-borne illnesses when organizing study abroad trips. Failure to...more
Professor Deprived of Due Process Through
Salary Reduction -
Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more
The United States Court of Appeals for the Sixth Circuit has affirmed a district court decision holding that the federal trial court must abstain from judicial review of an ongoing disciplinary proceeding against a student at...more
On August 1, 2016, New Jersey Gov. Chris Christie signed the Madison Holleran Suicide Prevention Act, which requires institutions of higher education to ensure that mental health counselors are available to students 24 hours...more
Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more
3/31/2016
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Free Speech ,
Hiring & Firing ,
Minimum Salary ,
Over-Time ,
Pensions ,
Professional Misconduct ,
Reasonable Accommodation ,
Retirement ,
Termination ,
Wage and Hour ,
White-Collar Exemptions
As higher education institutions struggle to implement the Department of Education’s ever-expanding rules governing sexual violence on campus, many student respondents involved in disciplinary proceedings are returning fire...more
In a recent precedential opinion, the Third Circuit has held that the Higher Education Act provides no safe haven from strict adherence to the Fair Credit Reporting Act for colleges and universities. Moreover, the Court...more