INTRODUCTION - On February 14, 2025, the Acting Assistant Secretary for Civil Rights (the “Assistant Secretary”) at the United States Department of Education (the “Department”) circulated a Dear Colleague Letter (the “DCL”)...more
2/24/2025
/ Affirmative Action ,
Civil Rights Act ,
Colleges ,
Dear Colleague Letter ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Educational Institutions ,
Equal Protection ,
SCOTUS ,
Students ,
Title VI ,
Universities
OVERVIEW AND INTRODUCTION - On January 21, 2025, President Donald Trump signed an Executive Order (EO) titled “Ending Illegal Discrimination and Restoring Merit-Based Opportunity”, EO 14173....more
2/6/2025
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
Students ,
Trump Administration ,
Universities
On February 20, 2024, the United States Supreme Court denied a petition for a writ of certiorari in Coalition for TJ v. Fairfax County School Board. Coalition for TJ involves an admissions policy at a prestigious public...more
On August 24, 2023, the United States Department of Education's Office for Civil Rights ("OCR" or the "Department") released a Dear Colleague Letter (the "DCL") regarding "Race and School Programming." This DCL, which surely...more
On February 15, 2023 (updated February 16, 2023), the United States Department of Education (“ED,” or the “Department”) released a Dear Colleague Letter[1](the “DCL”) regarding the “Requirements and Responsibilities for...more
Guidance outlines K-12 and Postsecondary Schools’ Response - On October 13, 2021, in connection with World Mental Health Day (October 10), the U.S. Department of Education’s Office for Civil Rights (“OCR”) and the U.S....more
On August 10, 2021, the U.S. Department of Justice (the “Department”) announced that it entered into a settlement agreement with Brown University to ensure that students with mental health disabilities have equal access to...more
Saul Ewing Arnstein & Lehr’s Higher Education Practice continues to monitor the impact of the COVID-19 pandemic on the higher education industry. The below summarizes some recent issues being contended with unionized...more
On December 19, 2019, the U.S. Department of Education and the Office for Civil Rights at the U.S. Department of Health and Human Services released updated joint guidance addressing the application of the Family Educational...more
The NCAA’s Board of Governors unanimously voted on Tuesday “to permit students participating in athletics the opportunity to benefit from the use of their name, image, and likeness in a manner consistent with the collegiate...more
Recently, the Pennsylvania Supreme Court ruled that Lackawanna College could face gross negligence and recklessness claims from two student football players by creating an expectation that athletic trainers would be available...more
Esports -
Electronic sports (esports), also known as competitive video and computer gaming, continues to boom in popularity. Esports is a spectator-driven phenomenon: some reports estimate the global esports audience will...more
6/26/2019
/ Colleges ,
Department of Education ,
Educational Institutions ,
eSports ,
Executive Orders ,
Free Speech ,
Hazing ,
NCAA ,
Students ,
Title IX ,
Universities
The United States Department of Education released its new proposed Title IX regulations addressing sexual harassment (including sexual assault) today. ...more
Professor Deprived of Due Process Through
Salary Reduction -
Due process with respect to an employee’s property interest in employment is a vitally important consideration at public institutions, and, as a recent case...more
Upcoming changes to the Fair Labor Standards Act salary-basis test may convert many of your smartphone-toting exempt employees into non-exempt employees, requiring you to track the evening and weekend time these employees...more
3/31/2016
/ Americans with Disabilities Act (ADA) ,
Department of Labor (DOL) ,
Educational Institutions ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Faculty ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Free Speech ,
Hiring & Firing ,
Minimum Salary ,
Over-Time ,
Pensions ,
Professional Misconduct ,
Reasonable Accommodation ,
Retirement ,
Termination ,
Wage and Hour ,
White-Collar Exemptions
Risk managers who also happen to be attorneys are not always protected by the attorney-client privilege, according to a recent decision by the U.S. District Court for the Eastern District of Pennsylvania. In Casey v. Unitek...more
In This Issue:
- Questions and Answers on Title IX and Sexual Violence: Five Key Questions That Have Actually Been Answered – and Five New Questions
- Supreme Court Asked If State Universities Are Exempt From...more
On April 29, 2014, the Office for Civil Rights of the United States Department of Education (“OCR”) issued a “significant guidance document” that sought to address many of the questions that arose in the wake of the April 4,...more
Contents:
- Clery Act Amendments May Impact Title IX Best Practices
- Student Speech and Liability in MOOCs – a Brave New World
- Assistance and Emotional Support Animals Are Just the Tip of the...more
6/19/2013
/ Assistive Animals ,
Clery Act ,
Colleges ,
Department of Justice (DOJ) ,
Fair Housing Act (FHA) ,
HUD ,
OCR ,
Online Courses ,
Student Speech ,
Subpoenas ,
Tax-Exempt Bonds ,
Title IX ,
Universities ,
VAWA
In This Issue:
- U.S. Supreme Court to Rule on Causation Factor in Retaliation Claims
- Student Sues University Over the Right to Keep a Guinea Pig in a College Dorm for Emotional Support
- Delaware...more