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President Obama Establishes Task Force To Focus on Campus Sexual Assaults

By Olabisi L. Okubadejo and Dee Spagnuolo President Obama announced in a memorandum the formation of an interagency task force to address incidents of rape and sexual assault at colleges and universities. Citing “uneven” compliance with applicable federal laws, the White House indicated...

New Campus SaVE Act Requirements Effective

By Olabisi L. Okubadejo, Dee Spagnuolo, and Rachel M. Keene Colleges and universities now face new obligations regarding reports of crime statistics, student disciplinary procedures, and policies and procedures to address and prevent sexual violence on campus. The requirements are being imposed...

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Department of Education Proposes New Campus Safety Rules

The U.S. Department of Education has proposed a new rule implementing changes to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) under the Violence Against Women Reauthorization Act of 2013 . Colleges and universities would be subject to several new requirements...

Bipartisan Senate Legislation Introduced To Address Campus Sexual Assaults

By Olabisi L. Okubadejo Eight U.S. senators have introduced the Campus Accountability and Safety Act, [ enhanced version available to lexis.com subscribers ], a bill that proposes to amend the Higher Education Act and the Clery Act to include new requirements for addressing sexual violence on campus...

New York's Non-Profit Revitalization Act of 2013 Changes the Governance of Private Colleges, Universities and Schools

New York’s Non-Profit Revitalization Act (the Act) fundamentally changes the governance of non-profit private colleges, universities and schools and other charitable organizations. New York, which labored under cumbersome and antiquated regulatory statutes, has created a simpler method of creating...

Congress and the Higher Education Act: What’s On the Table? What’s To Come? Our Look at the Major Proposals

By Dennis M. Cariello , Lawrence E. Levinson , Nathaniel J. Bell , John A. Miller* Congress is well into the process of passing a reauthorization of the Higher Education Act (HEA), and many members of Congress have introduced bills addressing many aspects of higher education that concern the...

Department of Education Releases Updated Guidance for Title IX Compliance

On April 24, 2015, the U.S. Department of Education’s Office of Civil Rights (“OCR”) issued a “guidance package” to further assist educational institutions in understanding their Title IX obligations. The package consisted of a Dear Colleague letter, a letter to Title IX...

White House Issues Student Aid Bill of Rights

A Presidential Memorandum titled the "Student Aid Bill of Rights," issued by President Obama, calls for the creation of a new complaint system for federal student loans. This proposal is likely to result in significant changes to the servicing and collection of student loans. In the Memorandum...

Vassar College Prevails in Respondent’s Title IX Lawsuit

By Olabisi L. Okubadejo, Marjorie J. Peerce, and Carolyn A. Pellegrini A judge in the Southern District of New York recently granted summary judgment to Vassar College in a case brought by a former student accused of sexual assault, [ enhanced version available to lexis.com subscribers ]. The plaintiff...

New Restrictions on Campus Financial Products Proposed by Department of Education

The U.S. Department of Education has issued proposed revisions to its Title IV Higher Education Act (HEA) cash management rules that include significant new restrictions on financial products used to disburse credit balance funds to students. Credit balances result when the amount of Title IV HEA program...

U.S. Department of Education Fines College for Job Placement Rate Disclosure Violations

The U.S. Department of Education (Department) intends to fine a college more than $29 million for allegedly misrepresenting job placement rates and failing to comply with federal placement rate disclosure requirements. The fine will be imposed on May 5, 2015, against San Francisco-based Heald College...

U.S. Department of Education Releases New Title IX Guidance

On April 24, 2015, the U.S. Department of Education’s Office for Civil Rights (OCR) released a guidance package that reminds educational institutions of their responsibilities under Title IX. This guidance package, issued approximately one year after OCR’s lengthy clarification of its April...

U.S. Department of Education Releases Guidance on Title IV Eligibility for Students Without a High School Diploma Who Are Enrolled in Eligible Career Pathway Programs

On May 22, 2015, the U.S. Department of Education ("ED" or "the Department") released guidance regarding a December 2014 amendment to the Higher Education Act of 1965, as amended, that makes an individual without a high school diploma (or its recognized equivalent) or who did not...

Ohio High Court Rules College Police Departments Subject to Public Records Act

In a 4 to 3 decision , the Ohio Supreme Court, [subscribers can access an enhanced version of this opinion: lexis.com | Lexis Advance ], has ruled that private-college police departments are subject to Ohio’s open-records law, codified for purposes of Ohio Revised Code 149.43, [subscribers can...

Deadline Approaching for Compliance with Clery Act Changes

Every college should be reviewing guidance recently released by the Federal Student Aid (FSA) office. The guidance addresses recent and significant changes to the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act (Clery Act). Since every college must comply with the Clery...