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
On March 20, President Donald Trump issued Executive Order entitled Improving Education Outcomes by Empowering Parents, States, and Communities, directing Secretary of Education Linda McMahon to take all necessary steps to...more
The Wall Street Journal reported on Wednesday, March 5, 2025, that it had reviewed a draft executive order directing Secretary Linda McMahon to take all necessary steps to facilitate the closure of the Department of Education...more
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
7/13/2023
/ Affirmative Action ,
Civil Rights Act ,
College Admissions ,
Colleges ,
Department of Education ,
Diversity ,
Educational Institutions ,
Equal Protection ,
Regulatory Standards ,
SCOTUS ,
Students for Fair Admissions v Harvard College ,
Students for Fair Admissions v University of North Carolina ,
Title VII ,
Universities
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
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
The March 3rd release of Louisiana State University’s (LSU) Title IX Review exposed wide-ranging compliance failures of the University. According to that review, LSU’s Title IX program (a) was woefully understaffed, (b)...more
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
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
9/25/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Corporate Liability ,
Employer Liability Issues ,
Government Entities ,
Governor DeWine ,
Immunity ,
Infectious Diseases ,
New Legislation ,
Nonprofits ,
Universities ,
Workplace Safety
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
9/18/2020
/ Anti-Discrimination Policies ,
Colleges ,
Department of Education ,
Federal Loans ,
Final Rules ,
First Amendment ,
Free Speech ,
Penalties ,
Religious Discrimination ,
Title III ,
Title IX ,
Title V ,
Universities
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
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
9/12/2017
/ Colleges ,
Department of Education ,
Due Process ,
Interim Rule ,
Notice and Comment ,
Public Comment ,
Secretary of Education ,
Sexual Assault ,
Title IX ,
Trump Administration ,
Universities ,
VAWA