On July 22, 2024, Solicitor General of the United States Elizabeth B. Prelogar submitted applications to the Supreme Court of the United States for a partial stay of two preliminary injunctions issued, respectively, by the...more
8/12/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Gender Identity ,
Hostile Environment ,
Injunctions ,
New Rules ,
SCOTUS ,
Sex Discrimination ,
Solicitor General ,
Stays ,
Title IX ,
Transgender ,
Universities
On July 2 and July 11, 2024, two more federal courts issued preliminary injunctions preventing enforcement of the U.S. Department of Education’s new Title IX regulations, scheduled to go into effect on August 1, 2024....more
7/22/2024
/ Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Enforcement Authority ,
Final Rules ,
Gender Identity ,
Preliminary Injunctions ,
Regulatory Authority ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
On June 17, 2024, the U.S. District Court for the Eastern District of Kentucky granted a preliminary injunction staying enforcement of the U.S. Department of Education’s new Title IX regulations....more
6/18/2024
/ Arbitrary and Capricious ,
Department of Education ,
Educational Institutions ,
First Amendment ,
Gender Identity ,
Preliminary Injunctions ,
Rulemaking Process ,
Sexual Orientation Discrimination ,
Statutory Authority ,
Stays ,
Title IX
As previously discussed in our four-part series, on April 19, 2024, the U.S. Department of Education released final Title IX regulations that apply to complaints of sex discrimination occurring on or after the effective date...more
5/9/2024
/ Administrative Procedure Act ,
Department of Education ,
Department of Justice (DOJ) ,
Educational Institutions ,
Financial Industry Regulatory Authority (FINRA) ,
Hostile Environment ,
Injunctive Relief ,
OCR ,
Same-Sex Harassment ,
Sex Discrimination ,
Students ,
Title IX
This is part four of a series examining the most topical changes applicable to higher education contained in the new Title IX regulations released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
5/8/2024
/ Anti-Retaliation Provisions ,
Civil Rights Act ,
Colleges ,
Educational Institutions ,
Family Status Discrimination ,
Lactation Accommodation ,
Marital Status ,
Marital Status Discrimination ,
Pregnancy ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Retaliation ,
Student Athletes ,
Students ,
Title IX ,
Universities
This is part three of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education, which were released by the U.S. Department of Education on April 19, 2024. This...more
Part two of our series of articles examining key changes applicable to higher education institutions and contained in new Title IX regulations released by the U.S. Department of Education on April 19, 2024, addresses...more
This is part one of a series examining the most topical changes contained in the new Title IX regulations applicable to higher education released by the U.S. Department of Education on April 19, 2024. Changes applicable only...more
4/26/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Employees ,
Filing Grievances ,
Gender Discrimination ,
Grievance Process ,
Sex Discrimination ,
Sexual Harassment ,
Students ,
Title IX ,
Title IX Coordinator ,
Universities
The final regulations amend § 34 C.F.R. 106.1, et seq. According to a statement from the Department announcing the final rule, “The unofficial version of the final regulations is available here. In addition, the Department...more
4/22/2024
/ Colleges ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Gender Discrimination ,
Hostile Environment ,
Sex Discrimination ,
Sexual Harassment ,
Sexual Orientation Discrimination ,
Title IX ,
Universities
On April 17, 2024, the Biden administration published a proposed rule that would amend current regulations to allow for certain student loan debts to be waived, potentially providing relief to millions of student loan...more
The Consumer Financial Protection Bureau (CFPB), a government agency that protects consumers in the financial sector, is potentially at risk following oral argument on October 3, 2023, before the Supreme Court of the United...more
10/26/2023
/ Appropriation ,
Colleges ,
Constitutional Challenges ,
Consumer Financial Products ,
Consumer Financial Protection Bureau (CFPB) ,
Dodd-Frank ,
Financial Aid ,
Funding ,
Loan Servicing ,
Oral Argument ,
SCOTUS ,
Separation of Powers ,
Student Loans ,
Universities
The Supreme Court of the United States has declined to hear a challenge to a visa program that allows foreign students who graduate from U.S. colleges and universities to work in the United States for up to three years. The...more
10/10/2023
/ Colleges ,
Constitutional Challenges ,
Consumer Financial Protection Act (CFPA) ,
Consumer Financial Protection Bureau (CFPB) ,
Employment Authorization Documents (EAD) ,
F-1 Visa ,
Foreign Students ,
Funding ,
OPT ,
Petition for Writ of Certiorari ,
SCOTUS ,
STEM ,
Unfair Competition ,
Universities ,
Visas
The much-anticipated release of the Biden administration’s final revisions to the regulations implementing Title IX of the Education Amendments of 1972 will be delayed to October 2023, the U.S. Department of Education...more
On April 6, 2021, the U.S. Department of Education’s Office for Civil Rights (OCR) announced plans to begin a comprehensive review of its regulations implementing Title IX of the Education Amendments of 1972, in response to...more
On March 8, 2021, President Joe Biden signed the “Executive Order on Guaranteeing an Educational Environment Free from Discrimination on the Basis of Sex, Including Sexual Orientation or Gender Identity,” making clear his...more
3/15/2021
/ Biden Administration ,
Bostock v Clayton County Georgia ,
Colleges ,
Department of Education ,
Educational Institutions ,
Executive Orders ,
Gender Identity ,
NPRM ,
Sex Discrimination ,
Sexual Orientation Discrimination ,
Title IX ,
Title VII ,
Universities
The enactment of the Tax Cuts and Jobs Act of 2017 has raised a number of potential issues for institutions of higher education. Due to this significant impact, institutions need to study the Tax Act and plan appropriately....more
On Friday, September 22, 2017, when the Trump administration announced that it was rescinding Obama-era Title IX sexual assault guidance and issuing a new question and answer document while undertaking a formal review, most...more
9/25/2017
/ Comment Period ,
Dear Colleague Letter ,
Department of Education ,
Due Process ,
Educational Institutions ,
Investigations ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
VAWA
In the past 10 years, there have been an increasing number of lawsuits asserting Employee Retirement Income Security Act of 1974 (ERISA) fiduciary claims. These have been accompanied by an increased focus by the Department of...more
On May 18, 2016, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued its final rule, “Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer...more
An Indiana federal court has dismissed Berger v. NCAA et al, a suit brought under the Fair Labor Standards Act by former student-athletes from the University of Pennsylvania (Penn). More commonly known as Sackos, the case was...more
Whether graduate student assistants at private universities are “employees” covered by the National Labor Relations Act (NLRA) might soon be taken up (again) by the National Labor Relations Board (NLRB).
Since overruling...more
Whether the amateurism rules of the National Collegiate Athletic Association (NCAA) violate federal antitrust laws remains an active issue before the Ninth Circuit Court of Appeals. But the dramatic changes ordered by U.S....more
Before December of 2014, religious colleges and universities could generally assume that under the National Labor Relations Board’s (NLRB) “substantial religious character” test, the NLRB would decline to assert jurisdiction...more
Gallaudet University Chief Diversity Officer Angela McCaskill’s job was to promote a diverse and inclusive university community. Not only was she the institution’s first chief diversity officer, she was the first black, deaf...more
On March 26, 2014, a regional director of the National Labor Relations Board (NLRB) decided scholarship football players at Northwestern University are employees because they “perform services for the benefit of the employer...more
5/7/2014
/ Athletes ,
College Athletes ,
Employee Definition ,
Federal Grants ,
Fringe Benefits ,
IRS ,
NCAA ,
NLRB ,
Northwestern University ,
Scholarships ,
Taxation ,
Unemployment Benefits