News & Analysis as of

Educational Institutions

Massachusetts Supreme Judicial Court Describes Legal Duty For University Suicide Prevention Efforts in Nguyen v. Massachusetts...

by Goodwin on

On May 7, 2018, the Massachusetts Supreme Judicial Court (SJC) issued its long-awaited decision in Nguyen v. Massachusetts Institute of Technology. The case involved a 25-year-old MIT graduate student, Han Nguyen, who took...more

[Webinar] Properly Extending Credit for Private Education Student Loans - May 30th, 12:00pm CT

by Thompson Coburn LLP on

The Higher Education Opportunity Act (HEOA) enacted in 2008 authorized the Higher Education Act (HEA) and established new institution-based loan disclosure requirements. HEOA also amended the Truth in Lending Act (TILA) and...more

Massachusetts High Court Provides Guidance on Responding to Suicidal Students

In Ngyuen v. Massachusetts Institute of Technology, SJC-12329 (May 7, 2018), the Massachusetts Supreme Judicial Court found that MIT was not liable to the estate of a former graduate student who had committed suicide moments...more

Dissecting the Massachusetts Ruling Recognizing a Duty for Higher Education Institutions to Prevent Student Suicide

by Pepper Hamilton LLP on

A recent decision by Massachusetts’s highest court unanimously recognized that, under some circumstances, colleges and universities have a duty to protect students from suicide that, if violated, could result in tort...more

Third time's the charm? ED delays distance education rule

by Hogan Lovells on

On May 9, 2018, the Office of Management and Budget issued the Spring 2018 Agency Rule List, which indicates that the U.S. Department of Education (ED) has proposed a two-year delay of the distance education rule that was set...more

The Online World at Risk of ADA Lawsuits

by Steptoe & Johnson PLLC on

Lawsuits and enforcement actions over websites’ accessibility to disabled people have swamped businesses, as well as colleges and universities over the past several years. “We’ve seen such a spike in the last few years in...more

The Focus of Pullman & Comley’s Recent Superintendents’ Forum Was School Security and Whether School Districts Should Hire Armed,...

In a recent article, the Washington Post estimated that since the shooting in Columbine, there has been an average of ten shootings a year in American schools. That brings the total to 190 — and counting. What are the...more

Massachusetts SJC Recognizes Limited Affirmative Duty of Universities to Take Suicide Prevention Measures for Known-Risk Students

by Mintz Levin on

On Monday, the Massachusetts Supreme Judicial Court issued a precedential decision in Nguyen v. Massachusetts Institute of Technology et al. (SJC-12329), which addresses the complicated issue of higher education institutions’...more

Massachusetts Supreme Judicial Court Rules Universities May Have Limited Liability When a Student Commits Suicide

by White and Williams LLP on

In a closely watched case, the Massachusetts Supreme Judicial Court ruled on May 7, 2018 that, in certain limited circumstances universities, may be liable for failing to prevent a student’s suicide. The court nevertheless...more

New State Department Travel Advisory Rating System, Impact on Student Travel Policies

by Hogan Lovells on

Earlier this year, the U.S. Department of State launched a revamped travel advisory rating system that warns of unsafe travel destinations. The State Department’s goal is to provide U.S. travelers “clear, timely, and...more

Penn State’s Erie campus to develop Shell ‘cracker’ business opportunities

by Bricker & Eckler LLP on

The Pennsylvania Department of Community and Economic Development (DCED) has announced it has selected Penn State Behrend in Erie as a lead partner for developing business and market opportunities created by the $6 billion...more

DOL Issues Fact Sheet on Common Higher Education Positions

On April 12, 2018, the DOL released a new Fact Sheet relating to overtime pay at higher education institutions. The Fact Sheet confirms what many institutions viewed as a grey area—whether faculty teaching online or remotely...more

The GDPR Becomes Effective This Month: Are You Ready?

by Steptoe & Johnson PLLC on

On May 25, 2018, the European Union will begin enforcing the General Data Protection Regulation (GDPR), which enacts strict standards for the handling, retaining, and processing of the personal data of any individual located...more

Blog: A Busy Week for the Gainful Employment Rule

by Cooley LLP on

Events of the last week have reflected the Department of Education’s give-a-little, take-a-little approach to the Gainful Employment Rule. The department continues to take steps to implement certain aspects of the current GE...more

Arizona Passes New Law to Bolster Campus Free Speech

by Ballard Spahr LLP on

In the midst of heightened political activism among students and employees at academic institutions across the nation, Arizona has enacted legislation designed to protect free speech on its college campuses....more

Does your student disciplinary policy address participation by legal counsel?

by Barley Snyder on

Students in public colleges and universities occasionally challenge student disciplinary actions based on an alleged denial of due process when schools place limits on the involvement of legal counsel....more

DOL Issues Guidance on Applicability of FLSA Exemptions to Higher Education Jobs

by Stinson Leonard Street on

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued a new fact sheet that discusses the applicability of the "white collar" exemptions of the Fair Labor Standards Act (FLSA) to jobs that are...more

DOL Issues Fact Sheet on Overtime Pay for Higher Education Employers

Earlier this month, the U.S. Department of Labor’s Wage and Hour Division issued a new fact sheet explaining the applicability of overtime exemptions under the Fair Labor Standards Act to occupations in higher education....more

California Court Finds College Not Liable for Third Party Harassment Not Related to College's Programs or Activities

In Karasek v. Regents of the University of California, No. 3:15-cv-03717-WHO (N. D. Cal. April 12, 2018), the court granted summary judgment to the University of California (UC) on the plaintiff’s Title IX claims. The...more

Education rules Myanmar

by DLA Piper on

The Myanmar Investment Commission ("MIC") has issued Notification 7/2018 ("Notification") on 20 April 2018, allowing foreign investors to make full capital investments in private schools in Myanmar....more

DOL Issues Updated Overtime Guidance to Colleges & Universities under the FLSA

On April 12, 2018, the DOL issued a new Fact Sheet for Higher Education Institutions and Overtime Pay Under the Fair Labor Standards Act. The Fact Sheet addresses the common exemptions applicable to Institutions of Higher...more

FY2019 Massachusetts Budget Update: House Ways and Means Budget

On Wednesday, April 11, the House Ways and Means Committee proposed a $40.991 billion budget for FY2019 that represents an increase of $1.24 billion, or 3.1 percent, above FY2018 spending levels. The budget proposes $83...more

DOL Publishes New Fact Sheet Regarding Overtime Regulations for Higher Education Employees

On April 12, 2018, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued a new fact sheet concerning “the applicability of [the white collar] exemptions [of the Fair Labor Standards Act] to jobs that are...more

Our Universities Are Under (Cyber) Attack!

Department of Justice Charges 9 Iranian Citizens in Cyberattacks on 320 Universities - On March 23, 2018, the Department of Justice indicted 9 Iranian citizens for cyberattacks on 320 American and foreign universities. The...more

Changes to Office for Civil Rights' New Case Processing Manual: What You Need to Know

by Barley Snyder on

In March the U.S. Department of Education’s Office for Civil Rights (OCR) issued its updated case processing manual to clear a backlog of complaints filed under civil rights laws....more

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