Higher Education Law Report
June 29, 2022
On June 14, the New York State Supreme Court, New York County (a trial level court in New York State), ruled that Yeshiva University (YU) and its president must “immediately grant plaintiff YU Pride Alliance the full and equal accommodations, advantages, facilities and privileges afforded to all other student groups at Yeshiva University.”1
June 24, 2022
Announcing it as a commemoration of the 50th Anniversary of the enactment of Title IX (though anticipated for the past 18 months), the U.S. Department of Education (DOE) announced sweeping proposed amendments to the Title IX regulatory scheme that went into effect less than two years ago.
Read More >> Department of Education Releases Proposed Changes to Title IX Regulations
June 16, 2022
A recent finding by the U.S. Department of Education, Office for Civil Rights (OCR) that a college failed to accommodate a pregnant student is a pointed reminder of the obligation of colleges and universities to fully and carefully address accommodation requests from pregnant students.
Read More >> Office for Civil Rights Faults College for Failing to Accommodate a Pregnant Student
March 22, 2022
While “Clery reporting requirements” and “compliance with the Clery Act” are familiar terms to staff and faculty at colleges and universities, many are unsure exactly what the Clery Act requires and why it matters. Here, in question-and-answer format, is a refresher on the Clery Act’s history, purpose and requirements.
January 10, 2022
There is little debate that the student mental health crisis at colleges and universities is at an all-time high. Just last month, news headlines shared the story of a university’s response to receiving an anonymous letter describing a potential suicide that was to take place on campus before the holiday break. The university immediately published a Community Notice encouraging the student at risk to seek help and advising the campus community to be vigilant in reporting and responding to mental health issues amongst their peers. While this student mental health crisis was not caused by COVID-19, it has been intensified by the pandemic and all of the changes it has caused to ‘normal’ college life. According to a survey of college presidents conducted by the American Council on Education (ACE) in September 2021, student mental health was identified as one of their most pressing concerns.
December 21, 2021
The challenges confronted by higher educational institutions in the face of the COVID-19 pandemic have been unprecedented. Faced by legal mandates that limited gatherings and ultimately required campus closings during the spring 2020 semester, colleges and universities transitioned to instruction by remote means almost overnight. While it was not the semester anyone had planned for, institutions carried out their missions to educate and devoted significant efforts and resources to supporting their students.
Read More >> COVID-19 Student Refund Lawsuits: Has the Tide Turned in New York?
September 29, 2021
The General Counsel for the National Labor Relations Board (NLRB or Board), who has authority for setting prosecutorial policy for the NLRB, issued a General Counsel Memorandum (GC Memo) today, reversing the prior Board General Counsel’s position and asserting the employee status of certain student athletes at private educational institutions. Board General Counsel Jennifer Abruzzo conveyed her enforcement position in a memorandum to the Board’s Regional Directors. Because non-unionized employees have rights under the federal labor law, the immediate impact will be that the NLRB’s enforcement arm will be processing complaints related to allegations of adverse treatment of certain student athletes for all variety of internal complaints against private institutions.
July 29, 2021
One month has passed since the NCAA Board of Directors adopted emergency legislation permitting student-athletes to monetize their name, image and likeness (NIL) without violating the long-standing amateurism requirements of NCAA Bylaw 12. Specifically, the NCAA: (1) acknowledged that a state law/executive order regarding NIL supersedes NCAA rules; and (2) provided blanket NIL coverage to student-athletes located in states that do not have a state law/executive order in place. This major change in NCAA legislation is charting new pathways for how student-athletes must be monitored by their institutions to avoid ineligibility. The creation of an internal institutional policy is one way to help organize and manage this new process.
December 17, 2020
On Dec. 14, 2020, the IRS added guidance to its FAQs on the Higher Education Emergency Relief Fund and Emergency Financial Aid Grants under the CARES Act, clarifying that higher education institutions are not required to report these emergency financial aid grants to students on Form 1098-T.
Read More >> New Guidance from IRS on Treatment of CARES Act Payments to Students
April 2, 2020
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act, which enacted the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. These Acts make new categories of leave available to eligible employees of covered public employers as well as private employers with fewer than 500 employees. This 500-employee threshold has left many higher education institutions wondering whether their student workers may be counted as employees and whether their students are entitled to leave.
March 26, 2020
What student health information may be shared with whom in the event a student tests positive for the virus is one of the many interconnected issues for colleges and universities related to the COVID-19 pandemic.
March 6, 2020
Spring break invites faculty travel to conferences abroad, student study trips abroad and student dispersal to their home locations. What should a higher education institution do to prepare for this period of increased travel?
