Higher Education Report

Higher Education Report

Tag Archives: Higher Education

NLRB Region Five Rules that Resident Advisors at George Washington University are Employees Who May Unionize

Posted in Higher Education, National Labor Relations Board
On April 21, 2017, the Acting Regional Director of Region Five of the National Labor Relations Board (“NLRB”) issued a Decision and Direction of Election holding that Resident Advisors (“RAs”) at George Washington University are employees under the National Labor Relations Act (“NLRA”) who are entitled to vote in a union representation election.  This decision comes on the… Continue Reading

Supreme Court Remands Gloucester County School Board v. G.G., Will Not Hear Transgender Student’s Case

Posted in Higher Education, Transgender
The Supreme Court will not review the Fourth Circuit’s decision in Gloucester County School Board v. G.G. despite agreeing in October 2016 to do so. The Fourth Circuit’s decision in favor of G.G., a transgender Virginia high school student, had been stayed by the Supreme Court while it considered whether to grant the School Board’s… Continue Reading

UPDATE ON EXECUTIVE ORDER 13769: “PROTECTING THE NATION FROM FOREIGN TERRORIST ENTRY INTO THE UNITED STATES”

Posted in Higher Education, Immigration
We previously reported that on January 27, 2017, the Trump administration issued Executive Order 13769 entitled, “Protecting the Nation from Foreign Terrorist Entry into the United States”. EO 13769 suspends: the entire US refugee admission system for 120 days; the Syrian refugee program indefinitely; and the entry of immigrants and non-immigrants from seven designated countries… Continue Reading

What President Trump’s Travel Ban Means for Colleges and Universities

Posted in Higher Education, Immigration
On January 27, 2017 President Trump signed an Executive Order (“EO”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States”.  Given the diverse composition of colleges and universities, which includes faculty, staff and students, this EO significantly impacts the higher education community.  Specifically, the EO suspends the entire US refugee admission system… Continue Reading

Highlights of New York State Guidance on N.Y. Education Law Article 129-B

Posted in Higher Education, Title IX
On June 2, 2016, the New York State Education Department and the New York State Office of Campus Safety published a 52-page joint guidance document (“Guidance”) on New York Education Law Article 129-B (“the Law”), also often referred to as “Enough is Enough.” The Guidance is helpful in that it clarifies previously opaque points in… Continue Reading

Education Department Reverses Course on Prohibition Against Incentive Compensation Based on Retention and Graduation; Clears Way for Graduation Rate and APR Based Bonuses in Coaching Contracts

Posted in Higher Education, Student-Athletes
On November 27, 2015, the United States Department of Education announced a reversal of its previously existing prohibition against the payment of incentive compensation based on students’ program completion or graduation rates.  The announcement follows two successive federal appeals court decisions, in 2012 and 2014, that the Department had not articulated a sufficient rationale for… Continue Reading

Recently Enacted Legislation Requires New York Institutions to Report Violent Felonies and Missing Students

Posted in Campus Safety
Governor Cuomo has signed into law amendments to New York’s Campus Safety Act requiring institutions to notify law enforcement within 24 hours after receipt of a report of a violent felony or a report that a student residing in institutional housing is missing. Under prior law, such reporting was not required. Instead, institutions were obligated… Continue Reading

Department of Justice Releases Report on Rape and Sexual Assault Victimization Among College-Age Women

Posted in Higher Education, Uncategorized
Late last week, a Special Report on Rape and Sexual Assault Victimization Among College-Age Females (“Report”), for the period 1995-2013, was issued.  The results are based on information taken from the U.S. Department of Justice (Bureau of Justice Statistics’) National Crime Victimization Survey (“NCVS”).  Some of the results reflect notable differences from two other recent… Continue Reading

Court Rules Against Georgia State University in E-Reserves Case

Posted in Higher Education
The United States Court of Appeals for the Eleventh Circuit issued a long-awaited decision in the Georgia State e-reserves copyright case on October 17, 2014. The Court of Appeals reversed and remanded to the District Court for reconsideration in light of its opinion rejecting that court’s formulaic fair use analysis. In 2008, three publishers (Cambridge… Continue Reading

Update on Ebola For Colleges and Universities

Posted in Higher Education
Back in September, we reported that the Center for Disease Control (CDC) had issued guidance to colleges and universities on how to respond to the spread of Ebola in West Africa.  The guidance included suggested precautions with respect to (a) study abroad programs, research and other education-related travel to the region, and (b) individuals arriving on… Continue Reading

CDC Issues Guidance for Colleges and Universities about Ebola Outbreaks

Posted in Higher Education
The Center for Disease Control (CDC) has issued guidance to colleges and universities on how to respond to the spread of Ebola in West Africa.  The guidance includes suggested precautions with respect to (a) study abroad programs, research and other education-related travel to the region, and (b) individuals arriving on campus from the region or… Continue Reading

Federal Regulatory Reform — Believe It When You See It?

Posted in Higher Education
In today’s environment, with colleges and universities facing rising expenses and pressure to refrain from increasing tuition and other charges, the cost of legal compliance at the federal, state and local levels is a significant, and seemingly never-ending, concern.  Last month saw the prospect of relief, or at least a sympathetic ear, at the federal… Continue Reading

Kerry Rose Fire Sprinkler Notification Act Requires Fire Safety Disclosures By New York Colleges and Universities

Posted in Higher Education
On July 25, 2013, Governor Andrew Cuomo signed into law the Kerry Rose Fire Sprinkler Notification Act, which requires the immediate disclosure of residential fire safety system information by colleges and universities in New York State. The Act is named for Kerry Rose Fitzsimons, a college student who died, along with two others, in a… Continue Reading