News & Analysis as of

Enforcement Universities

Troutman Pepper Locke

Newly Formed College Sports Commission Appoints CEO and Head of Operations and Deputy General Counsel

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The newly formed College Sports Commission has named its first two executive leaders as it begins formal operations in the wake of the House v. NCAA settlement. Bryan Seeley will serve as the commission’s inaugural chief...more

Pillsbury Winthrop Shaw Pittman LLP

Georgia Enacts Law Against “Commercial” Cheating

Georgia has enacted SB 213, which amends Georgia’s Fair Business Practices Act of 1975 by banning commercial cheating services marketed to students and examinees seeking a professional license. The new law will go into effect...more

Jackson Lewis P.C.

College Sports Commission Goes Live as NCAA Era Enters New Phase

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A new chapter in college sports began on June 6, when U.S. District Judge Claudia Wilken granted final approval to the House v. NCAA settlement. This landmark $2.8 billion agreement will fundamentally reshape the structure of...more

Troutman Pepper Locke

“NIL Go”: Deloitte Establishes Basic Framework to Review Third-Party NIL Deals

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A three-page memo distributed to schools provides further clarity regarding Deloitte’s role as the approved clearinghouse for name, image, and likeness (NIL) deals, as outlined in the House settlement and guidance documents....more

Eversheds Sutherland (US) LLP

Film Room: NCAA announcement on House implementation

In this week’s Film Room, we unpack an important NCAA announcement regarding House implementation, focusing on: - Enforcement changes and questions - Progress toward degree significance - House case status On Monday,...more

TNG Consulting

ATIXA’s Brief Guide to Best Practices for Addressing Fondling Allegations Under Title IX

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If you are a Title IX administrator, investigator, or decision-maker, you’ve no doubt found the federal regulatory definition of the Fondling offense to be vexatious, to say the least. It’s an attempt by the Department of...more

Husch Blackwell LLP

U.S. Department of Education Releases Dear Colleague Letter Addressing the Use of Race in Education, Announces Enforcement...

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On February 14, 2025, the U.S. Department of Education released a Dear Colleague Letter (DCL) concerning discrimination based on race, color, and national origin in K-12 and higher education. The DCL articulates the...more

Woods Rogers

Dear Colleague: Watch Out

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In a tersely worded “Dear Colleague” letter dated February 14, 2025 (pdf), the U.S. Department of Education’s Office of Civil Rights (OCR) signaled its intent to combat “pervasive and repugnant race-based preferences and...more

Eversheds Sutherland (US) LLP

Film Room: NIL regulation and challenges to eligibility rules

In this week’s Film Room, we contextualize news regarding potential future NIL regulation and flag developing legal challenges to eligibility rules. NIL Regulation and Enforcement The proposed House settlement includes...more

King & Spalding

The Trifecta: What to Expect from a Second Trump Administration and a Republican Congress

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Republicans have swept the 2024 elections, returning Donald Trump to the White House as the 47th President and flipping the Senate to a Republican majority. Having narrowly maintained control of the House of Representatives,...more

Parker Poe Adams & Bernstein LLP

Court's Refusal to Block 2024 Title IX Rule Means Certain Southern School Districts and Colleges Must Meet August 1 Deadline

The start of the school year for many counties in Georgia and K-12 districts across the country is only a few hours away, and the college semester is right around the corner. Another deadline, however, should be front of mind...more

Kaufman & Canoles

Tennessee and Virginia v. NCAA: The Wild(er) West of NIL in College Sports

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“The wild west” is by far the most frequent characterization used to describe college sports since NCAA v Alston, 141 S. Ct. 2141, paved the way for college athletes to be compensated for use of their Name, Image, and...more

Snell & Wilmer

Scope of FCA Liability Illustrated In Recent Actions Against Higher Education Institutions

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In the past five years, the Federal Government and “Qui Tam” Realtors have ramped up False Claims Act (“FCA”) actions against higher education institutions. These actions highlight the scope and breadth of potential FCA...more

Kaufman & Canoles

NCAA Levies Sanctions Against Florida State University’s Football Program Over NIL-related Violations

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Last week, the NCAA announced its most significant Name, Image, and Likeness (NIL) enforcement action to date, imposing various penalties against Florida State University and an assistant football coach for impermissible...more

Foley & Lardner LLP

Wisconsin State Assembly Fast Tracks Wisconsin Data Privacy Act

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On November 14, 2023, the Wisconsin State Assembly passed Assembly Bill 466, otherwise known as the Wisconsin Data Privacy Act (WDPA). The bill passed on its third reading and was immediately ordered to the Wisconsin State...more

Holland & Knight LLP

New Financial Responsibility Requirements from U.S. Department of Education

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The U.S. Department of Education (Department) has identified college closures and institutional financial instability as creating significant costs for students and taxpayers. From 2013 to 2022, the Department sought more...more

Sheppard Mullin Richter & Hampton LLP

Recent Cyber-Related False Claims Act Activity Signals Contractors and Universities Should Examine Their Cybersecurity Practices...

In recent weeks, there has been an uptick in news of cyber-related False Claims Act (“FCA”) activity. For example, on September 1, 2023, the court unsealed a qui tam lawsuit against Penn State University relating to...more

Bradley Arant Boult Cummings LLP

Anything You Can Do I Can Do Better: State NIL Laws Continue to Change

The NIL arms race continues as states amend their name, image, and likeness (NIL) laws to gain a competitive advantage. The new trend is to allow colleges and universities within the state to be more involved in the NIL...more

Bricker Graydon LLP

[Webinar] Clery Compliance and Enforcement (Higher Ed) - March 24th, 12:00 pm - 1:00 pm EST

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The Department of Education has said very little about the Clery Act since it rescinded the Clery Handbook in the final moments of the prior administration, but this well-intentioned campus safety and transparency statute...more

K&L Gates LLP

Congressional and Enforcement Priorities Related to Higher Education Issues

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Colleges, universities, and their federally funded research centers must navigate a range of evolving legal challenges associated with changing technologies, increased frequency of cyberattacks, global expansions, and more....more

Holland & Knight LLP

Education Department Ceases Enforcement of "Arbitrary and Capricious" Exclusionary Rule

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By a bulletin and letter issued on Aug. 24, 2021, the Biden Administration's U.S. Department of Education announced that it was ceasing enforcement of a highly controversial exclusion of evidence rule that was included in the...more

Bricker Graydon LLP

OCR provides further guidance on Massachusetts court decision (VRLC)

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In a publication posted last week, we told you about a recent decision from the United States District of Massachusetts, Victim Rights Law Center, et al. v. Cardona, and the potential impact this decision might have on your...more

McDermott Will & Emery

The Toughest Problem Set: Navigating Regulatory and Operational Challenges on University Campuses

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When the academic year ended in the spring of 2020, many US university students assumed that a return to campus would be straightforward this fall. However, it is now clear—at least in the near term—that a return to the old...more

K&L Gates LLP

K&L Gates Triage: Five Key Questions for Academic Medical Centers About Patent Ownership and Enforcement

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On this week’s episode, George Summerfield and Kelly Plummer explore five key questions academic medical centers often face with respect to patent ownership and enforcement. Their discussion covers a number of issues,...more

Jackson Lewis P.C.

[Webinar] 2018 NCAA Committee on Infractions Cases: A Review, Trends and What to Expect in the Year Ahead - April 24th, 1:00pm ET

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NCAA infractions remain a primary concern for member institutions. The Jackson Lewis Collegiate Sports Practice Group invites you to join us to review recent cases decided by the Committee on Infractions including Level I and...more

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