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Student Financial Aid Regulations May Require Additional Reporting of Transactions Involving Trustees and Employees

On July 1, 2024, revised regulations governing federal student financial assistance programs became effective. The regulations, which can be found at 34 C.F.R. 668.23(d), require institutions that participate in the federal...more

Accommodations for Pregnant and Parenting Students: New Rules, New Challenges

New Title IX regulations became effective on August 1, 2024, and contain extensive requirements for colleges and universities that receive federal Title IV funds to provide accommodations for students who are pregnant or who...more

Are Division I Intercollegiate Athletes Employees? Perhaps

Challenges to the rules of the National Collegiate Athletics Association (NCAA) have increased in recent years. The U.S. Supreme Court struck the NCAA’s rule against paying intercollegiate athletes for use of their name,...more

Fostering Faculty Collegiality: Legal and Practical Challenges

Although colleges and universities have always had their share of critics, the current cultural and political environment has heightened the scrutiny of institutions of higher education and, in particular, the conduct of...more

CBD on Campus: Many Questions, Few Answers

Although there is clarity under federal law that colleges and universities may not permit marijuana (also known as cannabis) to be used or possessed on campus by either students or employees, there is less clarity about...more

General Counsel's Corner: Cannabis on Campus – The Personnel Edition

This latest edition of our series on cannabis related developments and issues in higher education addresses the impact of the widespread state level legalization of recreational and medicinal cannabis throughout the United...more

General Counsel's Corner: Cannabis and Research on Campus

Cannabis—also known as marijuana—has been legalized in the last two decades in more than half of the states. Thirty-nine states allow the use of medical marijuana, while 18 states and the District of Columbia permit both...more

General Counsel's Corner: Cannabis and the Campus

Cannabis—also known as marijuana—has been legalized in the last two decades in more than half of the states. Thirty-nine states allow the use of medical marijuana, while 18 states and the District of Columbia permit both...more

General Counsel's Corner: Student Social Media and Free Speech on Campus

Free speech on campus—and off—has become a flashpoint for U.S. colleges and universities. Students’ ability to post their comments and concerns online, to forward messages to others for whom they may not have been intended,...more

General Counsel's Corner: Bias Response Teams - No Easy Answers

Over the past decade, bias response teams have proliferated on college campuses. A survey conducted in 2016 concluded that bias response teams (BRT) existed on “at least 231 campuses” across the United States. Motivated by...more

Implications for Colleges and Universities of Expanded Legal Protections for LGBTQ+ Students, Faculty and Staff

In its Bostock v. Clayton County, Georgia ruling in June 2020, the U.S. Supreme Court ruled that the prohibition on “sex” discrimination under Title VII of the Civil Rights Act of 1964 encompasses discrimination on the basis...more

Centers for Disease Control and Prevention Issues Guidance on Student Foreign Travel

The Centers for Disease Control and Prevention (CDC) has issued guidance for institutions whose students are planning international travel or participation in study abroad programs. ...more

CDC Releases New COVID-19 Guidance for Colleges and Universities with Focus on Testing

The Centers for Disease Control and Prevention (CDC) issued guidance earlier this year on dealing with the COVID-19 pandemic. That earlier guidance did not recommend testing of students or employees. Many colleges and...more

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