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A Traditional Approach for Higher Ed's Challenging Legal Environment

The Trump administration has deluged higher education with an avalanche of executive orders, Dear Colleague letters, and social media posts since January 20. Advocacy groups have responded with litigation in dozens of courts...more

Reviewing Admission Practices Following the Students for Fair Admissions Supreme Court Decision

As has been widely reported in the national media, on June 29, 2023, the United States Supreme Court, in Students for Fair Admissions, Inc. v. President & Fellows of Harvard College (SFFA), invalidated the affirmative action...more

Title IX Applies to Cases Involving Sexual Orientation and Gender Identity, Department of Education Advises

In an apparent reversal of a Memorandum issued late in the term of the prior administration, the U.S. Department of Education has issued an interpretation of Title IX, emphasizing that the law prohibits discrimination based...more

College Health Association Recommends COVID Vaccine Mandate for Colleges and Universities

As higher education institutions across the country wrestle with how best to safely return campuses to in-person instruction, the American College Health Association (“ACHA”) has issued important new recommendations related...more

Compliance Audits - How to Prevent Major Title IX Issues

Institutions of Higher Education need to consider new approaches to Title IX compliance. We recommend proactive, periodic, non-incident related, and targeted operational compliance audits to get in front of Title IX issues...more

Ohio Passes Law Shielding Employers from Liability for COVID-19 Related Lawsuits

On September 14, 2020, House Bill 606 was signed into law by Governor DeWine, which provides Ohio employers with legal protections to stem the spread of COVID-19 lawsuits. Under this law, Ohio profit and non-profit private...more

Department of Education Final Rule Covers Four Key Areas

The U.S. Department of Education has issued a final rule ("Final Rule") meant to clarify policies regarding freedom of speech, academic freedom, and Title IX exemptions. The Final Rule does four things: 1....more

After Court Decision, Could Title IX Expand to Cover Hazing?

A recent federal court decision in Louisiana suggests that Title IX requires institutions of higher education to treat fraternities and sororities equally. While Title IX generally involves cases of sexual assaults on campus,...more

Title IX: Now What?

When Education Secretary Betsy DeVos delivered her Title IX address last Thursday at George Mason University, many expected the Department of Education was about to revoke the agency’s guidance set forth in the 2011 Dear...more

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