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Different School of Thought, Part IV: Partial Stays of Injunctions Against Enforcement of New Title IX Regs Requested From Supreme...

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

Different School of Thought, Part III: New Title IX Regulations Now Blocked by Four Courts, Affecting 15 States

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

Different School of Thought, Part II: New Title IX Regulations Blocked in Ten States

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

Different School of Thought: 15 States Sue to Challenge 2024 Title IX Regulations

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

2024 Title IX Regulation Update, Part IV: Miscellaneous Provisions

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

2024 Title IX Regulation Update, Part III: Section 106.44 - Recipients’ Duty to Address Sex Discrimination

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

2024 Title IX Regulation Update, Part 2: Section 106.2 Definitions

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

2024 Title IX Regulation Update, Part I: Grievance Procedures for Resolving Complaints of Sex Discrimination and Sex-Based...

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

Reeducating Educators on Discrimination Processes: the U.S. Department of Education Issues New Title IX Sex and Gender...

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

Biden Administration Proposes Rule to Amend Higher Education Act as Part of Latest Effort to Tackle Student Loan Debt

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

Supreme Court Hears Challenge to Agency Tasked With Helping Students Make Informed Decisions About Paying for College

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

Supreme Court Rejects Challenge to OPT Program for Foreign Students

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

U.S. Department of Education Delays Release of Title IX Final Rules to October 2023

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

U.S. Department of Education Announces Plans to Conduct Comprehensive Review of Title IX Regulations

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

Title IX Regulations: Biden Administration Signals Changes Ahead

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

The 2017 Tax Cuts and Jobs Act: A Pandora’s Box for Higher Education

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

The Department of Education Withdraws Obama-Era Title IX Guidance, Issues Interim Q&A

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

Back to School for ERISA Fiduciary Claims: How to Prepare for This Trend in University Litigation

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

Jocks and Docs: Classifying Postdocs and Coaches Under the DOL’s New Rules

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

NCAA Sacks Sackos Suit: Why NCAA Student-Athletes Are Not Employees Under the FLSA

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

NLRB to Consider Whether Grad Students at Private Universities Are “Employees” Covered by the NLRA

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

Play for Pay? Not Today, Says the Ninth Circuit in the Latest NCAA Ruling

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

NLRB Moves to Assert Jurisdiction Over Religious Educational Institutions

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

Who Got It Right?

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

Will the Star Quarterback Be Sacked by the Taxman?

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

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