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Are We There Yet?: Do Northwestern Players Have a Union or not?

When a Regional Director of the National Labor Relations Board (NLRB) found that scholarship football players at Northwestern University were employees entitled to vote on union representation, many media reports treated the...more

4/24/2014  /  College Athletes , NLRB , Unions

Supreme Court Holds Voters Have a Right to Reject Government-Funded Racial Preferences in Public Higher Education

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

NLRB Regional Director Rules College Football Players Can Unionize

On March 26, 2014, a regional director for the National Labor Relations Board (NLRB) issued a decision and direction of election in a union representation petition filed by the College Athletes Players Association (CAPA)...more

3/28/2014  /  College Athletes , NLRB , Unions

Is the Joint DOJ and OCR Guidance on Discrimination in K-12 Student Discipline a Warning Shot for Colleges and Universities?

We’ve known it was coming for at least a year, and on January 8, 2014, the U.S. Department of Education’s Office for Civil Rights (OCR), in conjunction with the Civil Rights Division of the U.S. Department of Justice (DOJ),...more

Nassar’s “But For” Requirement Breaks the Chain for Retaliation Plaintiffs Relying on Temporal Proximity to Establish Causation

In a decision in favor of the University of Pennsylvania entered on August 7, 2013, the Third Circuit Court of Appeals reviewed the “but for” standard for liability under University of Texas Southwestern Medical Center v....more

The Basics Of Complying With The “Dear Colleague” Letter Issued By The U.S. Department Of Education On April 4, 2011

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

No Obligation to Coordinate or Pay for Disability-Based Personal Care Services at Colleges and 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

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