On April 19, the Department of Education (the Department) released the long-awaited Final Title IX Regulation (Final Rule or New Rule), overhauling the previous administration’s Title IX regulations that were published in...more
4/26/2024
/ Anti-Discrimination Policies ,
Department of Education ,
Educational Institutions ,
Final Rules ,
Gender Identity ,
LGBTQ ,
Pregnancy Discrimination ,
Sex Discrimination ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX
Colleges and universities continue to experience increased union organizing activity, strikes, and other protests from its workers, outpacing similar activities by workers in other industries. Although these activities were...more
3/19/2024
/ Colleges ,
Educational Institutions ,
Employer Liability Issues ,
Labor Reform ,
Labor Relations ,
NLRA ,
NLRB ,
Student Athletes ,
Union Organizers ,
Unions ,
Universities
This summer, California employers (including higher education institutions) will be required to implement a comprehensive workplace violence prevention plan. The new law, Senate Bill No. 553 (SB 553), goes into effect on July...more
What it means to be a student-athlete in college is evolving, and Dartmouth basketball players find themselves at the forefront of this new era. For the first time in history, on Tuesday, March 5, 2024, the Dartmouth men’s...more
The Supreme Court made history when it issued its long-awaited opinion regarding the constitutionality of affirmative action in Harvard College and University of North Carolina cases. As our practice update explained, SCOTUS...more
9/13/2023
/ Affirmative Action ,
College Admissions ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Employer Liability Issues ,
Equal Protection ,
Fourteenth Amendment ,
Hiring & Firing ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina
The U.S. Supreme Court (SCOTUS) has rendered its much-anticipated opinion on the constitutionality of the use of race in college admissions decisions. In a 6-3 decision in the UNC case and 6-2 decision in the Harvard case,...more
7/3/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Fourteenth Amendment ,
Race Discrimination ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VI ,
Title VII
On June 23, 2022, the U.S. Department of Education (the Department) announced that it intends to amend the current Title IX regulations that were instituted under the Trump administration in May of 2020. The Department’s...more
7/13/2022
/ Biden Administration ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Reform ,
Regulatory Requirements ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Trump Administration
On May 20, 2020, the Chicago City Council passed two emergency ordinances related to the ongoing Coronavirus pandemic: (i) Ordinance 2020-2372 (the License Suspension Ordinance); and (ii) Substitution Ordinance 2020-2343 (the...more
Last week, the Department of Education (DOE) dropped a bombshell in the form of new Title IX regulations. As institutions begin planning how to implement the new regulations, here are some action items that we recommend you...more
5/14/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Students ,
Title IX ,
Universities
On May 6, 2020, the Department of Education (DOE) released the long-awaited Final Rule amending the federal Title IX regulations and cementing the Trump administration’s stamp in addressing sexual harassment in K-12 and...more
5/12/2020
/ Colleges ,
Department of Education ,
Disciplinary Proceedings ,
Educational Institutions ,
Gender-Based Violence ,
Regulatory Oversight ,
Sexual Assault ,
Sexual Harassment ,
Sexual Violence Policies ,
Title IX ,
Universities
On April 21, 2020, the U.S. Department of Education (the Department) announced that it intends to disburse the remaining higher education institutional funding under the CARES Act. As discussed in a previous Akerman Practice...more
As most institutions of higher education have transitioned to online learning, several class action lawsuits have been brought against such institutions, seeking reimbursement of tuition and certain fees....more
4/19/2020
/ Breach of Contract ,
CARES Act ,
Class Action ,
Class Certification ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Federal Grants ,
Force Majeure Clause ,
Impossibility ,
Reimbursements ,
Relief Measures ,
Tuition ,
Universities
As the Coronavirus Disease 2019 (COVID-19) pandemic continues to spread throughout the nation, higher education institutions are continuing to grapple with a myriad of quandaries and questions. Below is a selection of such...more
The rapid spread of Coronavirus Disease 2019 (COVID-19), now detected in over 100 locations internationally, caused the World Health Organization to declare a “public health pandemic” as of March 11, 2020. Higher education...more
3/12/2020
/ Best Practices ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Students ,
Universities
On January 23, 2020, Sen. Elizabeth Warren (D-Mass.) and Senator Sherrod Brown (D-Oh.) issued letters to five of the nation’s largest online program management companies (OPMs), alleging, amongst other things, that revenue...more
On December 19, 2019, the Fostering Undergraduate Talent by Unlocking Resources for Education (FUTURE) Act was signed into law. This amendment extends Title III, Part F (also known as SAFRA) funds on a permanent basis for...more
On October 29, 2019, the NCAA’s Board of Governors (the Board) voted unanimously to allow college athletes to profit off of the use of their name, image, and likeness. Specifically, the Board’s action directs each of the...more
On Friday, February 15, 2019, the U.S. Department of Education (Department) concluded its comment period for their proposed changes to Title IX. Upon the conclusion date, the Department received over 110,000 comments from...more
Proactive Steps for Higher Education Institutions as Admissions Scandal Intensifies-
On Tuesday, March 12, 2019, Felicity Huffman, best known for playing Lynette Scavo on the popular television series Desperate Housewives,...more
Having passed a critical hurdle in the Senate, it appears likely that some version of the Tax Cut and Jobs Act will be passed into law. It is also becoming clear that the passage of this Act will impact higher education by...more