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
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
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
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 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
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 April 22, 2014, the Supreme Court of the United States held that although consideration of race in admissions is constitutionally permissible, voters have every right to reject it. The case, Schuette v. Coalition to Defend...more
This is part one of a four-part series discussing compliance with the “Dear Colleague" Letter on Sexual Violence issued by U.S. Department of Education Office for Civil Rights (OCR) on April 4, 2011, as well as subsequently...more
7/26/2013
/ Colleges ,
Dear Colleague Letter ,
Department of Energy (DOE) ,
Discrimination ,
Sex Discrimination ,
Sexual Abuse ,
Sexual Harassment ,
Students ,
Title IX ,
Training ,
Universities
Some students with disabilities need on-campus personal care attendants to assist them with daily activities such as dressing, transferring to and from wheelchairs, feeding, personal hygiene, and navigating the campus. Both...more